HomeMy WebLinkAboutR06-163RESOLUTION NO. R06-163
A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ("CITY")
AUTHORIZING THE CITY TO REVIEW FOR REASONABLENESS AND
PRUDENCE THE RATES, COSTS AND EXPENSES OF
SOUTHWESTERN PUBLIC SERVICE COMPANY ("SPS"), INCLUDING
RECONCILING FUEL EXPENSES FOR THE PAST TWO YEARS OR
MORE, WITH REGARD TO ANY SPS RATE FILING PACKAGE FILED
WITH THE CITY AND THE PUBLIC UTILITY COMMISSION OF TEXAS;
AUTHORIZING THE JOINING WITH A COALITION OF CITIES, KNOWN
AS THE ALLIANCE OF XCEL MUNICIPALITIES ("AXM"), IN ORDER TO
MORE EFFICIENTLY AND EFFECTIVELY CARRY OUT THE
FOREGOING PURPOSES; AUTHORIZING THE HIRING OF
ATTORNEYS AND CONSULTANTS; AUTHORIZING THE
INTERVENTION BY THE CITY AT THE PUBLIC UTILITY COMMISSION
OF TEXAS; REQUIRING THE REIMBURSEMENT OF REASONABLE
LEGAL AND CONSULTANT EXPENSES; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED
WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, Southwestern Public Service Company ("SPS") has not had a
general rate case filed with the City or the Public Utility Commission of Texas since
1992; and
WHEREAS, SPS has become a wholly owned subsidiary of a very large utility
holding company (Xcel Energy, Inc.) since its last general rate case; and
WHEREAS, SPS is long overdue for its rates to be reviewed as part of a general
rate proceeding; and
WHEREAS, SPS has agreed to file a general rate case on or before May 31,
2006; and
WHEREAS, in connection with its general rate filing SPS is expected to file the
testimony of more than thirty-five (35) witnesses with thousands of pages of schedules
and workpapers; and
WHEREAS, the investigation of SPS's rate filing will require the specialized
expertise of lawyers and consultants who primarily concentrate their practices on
reviewing and analyzing the kinds of issues and subject matter contained in a general
rate filing; and
RESOLUTION R06-163 Page 1 of z
WHEREAS, the City will join with other cities to form a coalition of cities to be
known as the Alliance of Xcel Municipalities ("AXM") in order to coordinate the hiring
and direction of legal counsel and consultants working on behalf of AXM and the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL/COMMISSION
OF THE CITY OF PLAINVIEW, TEXAS THAT:
Section 1. That the findings set out in the preamble are in all things approved
and incorporated herein as if fully set forth.
Section 2. The City is authorized to review the rate filing package of SPS for
reasonableness and prudence and to carry out the authority granted local regulatory
authorities under Chapters 33 and 36 of the Public Utility Regulatory Act as well as
other provisions of the Act.
Section 3. The City is authorized to intervene at the Public Utility Commission
of Texas and in any court of law concerning any aspect set forth in the SPS rate filing
package.
Section 4. The City shall participate with other cities in the aforementioned
proceedings as part of a coalition of cities known as the Alliance of Xcel Municipalities
("AXM") and AXM shall select the experts to work with special counsel.
Section 5. SPS shall reimburse within 30 days after submission the City's
reasonable monthly costs associated with the City's activities related to the rate review
or in related proceedings.
Section 6. Subject to the right to terminate employment at any time, the City
authorizes Jim Boyle and Alfred R. Herrera to act as special counsel with regard to rate
proceedings involving SPS before the City, the Public Utility Commission of Texas or
any court of law.
Section 7. 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.
PASSED AND APPROVED this 23~d da~i o~ May, 2006.
G.
John C. And rson, Mayor
ATT T:
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Belinda Hinojosa, City Secrets
RESOLUTION RO6-163 Page 2 of 2