HomeMy WebLinkAboutR16-356340
RESOLUTION NO. R16-356
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 FEBRUARY 16,
2016; 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 $71.9 million, which is
an increase in base revenue of about 14.41%; 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
WHEREAS, SPS' rate request, which was filed on about February 16, 2016,
consists of a voluminous amount of information including SPS' rate -filing package,
pre -filed direct testimony, exhibits, schedules, and workpapers; and
WHEREAS, SPS proposed March 22, 2016 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
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2016 SPS Rate Application
Filed On About Feb. 16, 2016
Suspension Resolution
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 March 22, 2016 for its filing of
February 16, 2016, is hereby suspended for an additional ninety (90) days, or at least
until June 20, 2016.
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 the Steering Committee of AXM is to provide direction and guidance to Special
Counsel representing said cities.
Section 5. The City hereby retains 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 may be 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. Not 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 AXM's Special Counsel, Herrera & Boyle, 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.
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2016 SPS Rate Application
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Suspension Resolution
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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 copy of this Resolution to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC,
816 Congress Ave., Suite 1250, Austin, Texas 78701.
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.
Section 12. This Resolution supersedes any other resolution in conflict with
this Resolution regarding SPS' Statement of Intent and application to increase rates
submitted to the City on about February 16, 2016.
PASSED AND APPROVED this 8th day of March, 2016.
ATTEST:
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BELINDA HINOJOSA, CITE/ ECRETARY
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NDE L DUNLAP, MAYOR
2016 SPS Rate Application
Filed On About Feb. 16, 2016
Suspension Resolution