HomeMy WebLinkAboutR24-64810
RESOLUTION NO. R24-648
RESOLUTION OF THE CITY OF PLAINVIEW SUSPENDING THE
DECEMBER 19, 2024 EFFECTIVE DATE OF ATMOS ENERGY CORP.,
WEST TEXAS DIVISION'S REQUESTED RATE CHANGE TO PERMIT
THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH THE
CITIES SERVED BY ATMOS WEST TEXAS AND AUTHORIZING
INTERVENTION IN ATMOS WEST TEXAS' REQUESTED RATE
CHANGE PROCEEDINGS BEFORE THE COMMISSION; HIRING LLOYD
GOSSELINK ATTORNEYS AND CONSULTING SERVICES TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF
CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT
WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO
THE COMPANY AND LEGAL COUNSEL
WHEREAS, on or about October 25, 2024, Atmos Energy Corp., West Texas
Division ("Atmos West Texas" or "Company") filed with the City of Plainview ("City") a
Statement of Intent to increase gas utility rates in all municipalities exercising original
jurisdiction within its service area, effective December 19, 2024; and
WHEREAS, the City is a member of Cities Served by Atmos West Texas ("Cities"),
a coalition of similarly situated cities served by Atmos West Texas that have joined
together to efficiently and cost effectively facilitate the review of, and response to, natural
gas issues affecting rates charged in the Atmos West Texas service area; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory
authorities the right to suspend the effective date of proposed rate changes for ninety (90)
days after the date the rate change would otherwise be effective; and
WHEREAS, the City retains its rights as a city with original jurisdiction including
the right to suspend the application; and
WHEREAS, the City's consultants and attorneys recommend that the City suspend
the application for further review; and
WHEREAS, Atmos West Texas has filed an application with the Railroad
Commission that could become the docket into which appeals of city action on the Atmos
West Texas filing are consolidated; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred
by Cities in ratemaking activities are to be reimbursed by the regulated utility. 0
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THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS:
SECTION 1. That the December 19, 2024, effective date of the rate request
submitted by Atmos West Texas on or about October 25, 2024, be suspended for the
maximum period allowed by law to permit adequate time to review the proposed changes
and to establish reasonable rates.
SECTION 2. That the City joins other Cities Served by Atmos West Texas in this
proceeding and, subject to the right to terminate employment at any time, hereby
authorizes the hiring of Thomas Brocato of Lloyd Gosselink Rochelle and Townsend, P.C,
and consultants to review the Company's filing, negotiate with the Company, make
recommendations regarding reasonable rates and to direct any necessary administrative
proceedings or court litigation associated with an appeal of city action.
SECTION 3. That the City shall work with Cities Served by Atmos West Texas in
the review and evaluation of whether the proposed rates are appropriate, fair, just, and
reasonable; and intervene as a necessary party in the Railroad Commission of Texas'
consideration of Atmos West Texas' rate filing in Case No. 00018879 as it affects the
customers in the unincorporated areas of Atmos West Texas' service territory.
SECTION 4. That the City's reasonable rate case expenses shall be reimbursed
by Atmos West Texas.
SECTION 5. That it is hereby officially found and determined that the meeting at
which this Resolution is passed is open to the public as required by law and the public
notice of the time, place, and purpose of said meeting was given as required.
SECTION 6. A copy of this Resolution shall be sent to Atmos West Texas, care of
Philip Littlejohn, Vice President of Rates and Regulatory Affairs, West Texas Division,
6606 66th Street, Lubbock, Texas 89424 (Philip.littlejohn@atmosenergy.com), and to
Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701 (tbrocatoAlglawfirm.com).
PASSED AND APPROVED this 12th 04y, of November, 2024.
Charles Stornesl Mayor
ATTEST:
'Ati,- 1 /4/
Belinda Hinojosa, Cit cretary
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APPROVED AS TO FORM:
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City Attorney
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