HomeMy WebLinkAboutR14-330225
RESOLUTION NO. R14-330
A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ("CITY")
SUSPENDING SOUTHWESTERN PUBLIC SERVICE
COMPANY'S PROPOSED EFFECTIVE DATE IN CONNECTION
WITH ITS STATEMENT OF INTENT SUBMITTED ON ABOUT
DECEMBER 8, 2014; AUTHORIZING THE CITY TO JOIN WITH
OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES
("AXM") TO DIRECT THE ACTIVITIES OF LAWYERS AND
CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS
AND CONSULTANTS; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTANT EXPENSES;
REQUIRING PROOF OF NOTICE; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE
WHEREAS, Southwestern Public Service Company ("SPS") filed a Statement of
Intent with the City of Plainview, Texas ("City") to increase its base -rate revenue
requirement for its Texas retail service area by approximately $64.75 million, which is an
increase in base revenue of about 12.6%; and
WHEREAS, the City is a regulatory authority under the Public Utility Regulatory
Act ("PURA") and under Chapter 33, §33.001 et seq. of PURA has exclusive original
jurisdiction over SPS' rates, operations, and services within the municipality; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating SPS' rate request and its changes in tariffs it is
prudent to coordinate the City's efforts with a coalition of similarly situated municipalities;
and
WHEREAS, the City, in matters regarding applications by SPS to change rates,
has in the past joined with other local regulatory authorities to form the Alliance of Xcel
Municipalities ("AXM") and hereby continues its participation in AXM; and
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WHEREAS, SPS' rate request, which was filed on about December 8, 2014,
consists of a voluminous amount of information including SPS' rate -filing package, pre-
filed direct testimony, exhibits, schedules, and workpapers; and
WHEREAS, SPS proposed January 12, 2015 as the effective date for its requested
increase in rates, which is the 35th day after the date SPS submitted its application; and
WHEREAS, it is not possible for the City to complete its review of SPS' filing
within 35 days; and
WHEREAS, the City will need an adequate amount of time to review and evaluate
SPS' rate application to enable the City to adopt a final decision as a local regulatory
authority with regard to SPS' requested rate increase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF PLAINVIEW, TEXAS THAT:
Section 1. The findings set out in the preamble are in all things hereby
approved.
Section 2. SPS's proposed effective date of January 12, 2015 for its filing of
December 8, 2014, is hereby suspended for an additional ninety (90) days, or at least until
April 12, 2015.
Section 3. The statutory suspension period will be extended automatically day
for day should SPS extend its proposed effective date, and may be further extended if SPS
does not provide timely, meaningful, and proper public notice of its request to increase
rates, or if its rate -filing package is materially deficient.
Section 4. The City continues its participation with other cities in a coalition of
cities known as the Alliance of Xcel Municipalities ("AXM") with the understanding that
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the Steering Committee of AXM is to provide direction and guidance to Special Counsel
representing said cities.
Section 5. The City employs Herrera & Boyle, PLLC as Special Counsel to
represent the City with regard to SPS' requested increase in rates and related proceedings
before local and state regulatory authorities and any court of law and authorizes Special
Counsel to employ such rate experts as maybe necessary for review and evaluation of SPS'
rate application.
Section 6. The City, in coordination with the Steering Committee, shall review
the invoices of the lawyers and rate experts for reasonableness before submitting the
invoices to SPS for reimbursement.
Section 7. SPS shall reimburse the City on a monthly basis, through AXM's
coordinating city, the City of Amarillo, Texas, for the reasonable costs of attorneys and
consultants and expenses related thereto, upon the presentation of invoices reviewed by the
City of Amarillo.
Section 8. No later than seven days after SPS has completed publication of
notice of its proposed increase in rates, SPS shall notify AXM that it has completed notice
by providing proof of notice to the City Attorney for the City of Amarillo and such proof
shall be in the form of an affidavit from a representative from SPS that has personal
knowledge that SPS has published notice; such affidavit shall include a copy of notice SPS
published.
Section 9. The City Secretary or other appropriate city official shall notify SPS
of this Resolution by sending a copy of the Resolution to Evan Evans, Regional Vice
President, Rates and Regulatory Affairs, and Brooke Trammell, Rate Case Manager,
Southwestern Public Service Company, P.O. Box 1261 Amarillo, Texas 79105-1261
and also Stephen Fogel and Matthew Loftus, Xcel Energy Services, Inc., 816 Congress
Ave., Suite 1650, Austin, Texas 78701-2471; and AXM shall be notified by sending a
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copy of this resolution to Mr. Marcus Norris, City Attorney, City of Amarillo, Texas
by fax to 806-378-3018.
Section 10. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 11. This resolution shall become effective from and after its passage.
PASSED AND APPROVED this 18th day of December, 2014.
AYOR
AT . ST:
CIT SECRETARY