HomeMy WebLinkAboutR08-179212
RESOLUTION NO. R08-179
A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS
("CITY") AUTHORIZING THE CITY TO REVIEW FOR
REASONABLENESS SOUTHWESTERN PUBLIC SERVICE
COMPANY'S ("SPS") PROPOSED AMENDMENT TO
CERTAIN TARIFFS; 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") recently
concluded a general rate case in Docket No. 32766 before the Public Utility
Commission of Texas, whose Final Order was issued on July 27, 2007; and
WHEREAS, in its Final Order the Public Utility Commission of Texas
approved new rate classes for SPS referred in SPS' tariffs as the "Large
Municipal Service," the "Large School Service," and the "Secondary General
Service" classes of customers; and
WHEREAS, the creation of such new rate classes resulted in the billing of
demand charges to customers upon whom such charges had not previously
been imposed, thereby resulting in substantial bill increases to some customers;
and
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WHEREAS, SPS has indicated its intention to be file amendments to its
tariffs for the "Large Municipal Service," the "Large School Service," and the
"Secondary General Service" classes of customers; and
WHEREAS, the intent of SPS' proposed amendments to its tariffs for
"Large Municipal Service," the "Large School Service," and the "Secondary
General Service" classes of customers is to provide rate relief to such customers;
and
WHEREAS, the investigation of SPS's proposed tariff amendments 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 SPS' proposed tariff amendments; and
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 SPS' proposed tariff filing for
reasonableness 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.
n
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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 proposed tariff filing.
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 the firm of Herrera & Boyle, PLLC 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 22"d day of~lanuary, 2008.
~L
n C. Ande
ATT ST:
Belinda Hinojosa, City Secreta
,Mayor
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