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HomeMy WebLinkAboutR20-463MOVA RESOLUTION :NO. R20-463 A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ("CITY") DENYING SOUTHWESTERN PUBLIC SERVICE COMPANY'S REQUEST TO INCREASE RATES IN CONNECTION WITH ITS STATEMENT OF INTENT SUBMITTED ON -ABOUT AUGUST :83 2019; DIRECTING SPS TO REIMBURSE THE CITY'S: RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH, THE OPEN MEETINGS ACT;: MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT WHEREAS., on August 8, 2.01.9, Southwestern Public Service Company ("SPS" or the "Company") filed a Statement of Intent with the City to increase its base revenues; and: WHEREAS, SPS proposed to implement its proposed :increase in rates effective on September 12, 2019; and WHEREAS, on September 20, 2019,. SPS updated its Statement of Intent to increase rates; and WHEREAS, the City has -previously suspended implementation of SPS's proposed increase in rates and its proposed effective -date by 135 days to January 25, 2020, and: WHEREAS, SPS's proposed increase in rates as updated would, if approved, result in an increase to its base revenues of approximately $136.5 million, which equates to. an increase of approximately 24.4% in base :revenue; and WHEREAS, SPS failed to establish that its overall revenue request resulted in an amount that will permit, SPS a reasonable- opportunity to earn no more than a.reasonable return on:the its invested capital used and useful in providing service to the public in excess of its reasonable and :necessary operating. expenses; and WHEREAS., SPS failed to establish that its proposed rates were: just .and reasonable;: and 1of3 2.019 SPS Rate Application Filed on Aug. 8, 2019 and as Updated on -Sept. '20, '2019 Denial Resolution 1 293. WHEREAS, the City is a regulatory authority and under Chapter 33, §33.001 etseq. of the Public Utility Regulatory Act ("PURA"), the -city has exclusive original jurisdiction over SPS's :rates, operations, .and services within the municipality;; and WHEREAS, SPS may exercise its statutory right to appeal a City decision regarding SPS's :request to increase rates to the Public Utility Commission of Texas ("PUC"); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIUCOMMISSION FOR THE CITY -OF PLAINVIEW, TEXAS THAT: Section 1. SPS failed to show -that its proposed rates are just and reasonable. Section 2. The City '.hereby DENIES SPS's request to increase rates and finds that: a) The Statement of Intent fails to provide sufficient information to justify the requested increase: in revenue or to justify the changes set forth in the attached tariffs; b) The Statement of Intent fails to provide sufficient information to justify the adoption of.the rate base, expenses,. investment, .return on equity, and other rate issues.. Section 3. SPS shall reimburse :the City on a monthly basis, through AXIVI'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 4. The City Secretary or other appropriate city official shall provide a copy of this :Resolution to- Mr. Alfred R. Herrera, Herrera Law & Associates,. 2Of3 2019 SPS Rate Application Filed on Aug. 8, 2019 and as Updated on Sept. 20, 2019 Denial Resolution 294 PLLC, P.O. Box 302799, Austin, Texas 78703, and as a courtesy, provide SPS a copy of. this Resolution by sending a copy of the Resolution. to William A. Grant, Regional Vice President, Regulatory and Strategic Planning, Southwestern Public Service Company, 790 S. Buchanan St., Amarillo, Texas 79101. Section 5. 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 6. To the extent, any Resolution previously adopted by the City Council is inconsistent with this Resolution, it is.hereby superseded. Section 7. The findings set out in the preamble are in all things hereby approved. Section 8. This Resolution shall become effective from: and after its passage. PASSED AND APPROVED this.28th day of January, 2020. ATTEST: Belinda Hinojosa, City Segetary 3 of 3 Wendell Dunlap, Mayor 2619 SPS Rate Application Filed on Aug. 8, 2019 and as Updated on Sept. 20, 2019 Denial Resolution 1 1 1