Loading...
HomeMy WebLinkAbout09-3515 ord~,~~ S ORDINANCE NO. 09-3515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS WEST TEXAS CITIES STEERING COMMITTEE ("STEERING COMMITTEE") AND ATMOS ENERGY CORP., WEST TEXAS DIVISION ("ATMOS WEST TEXAS" OR "COMPANY") REGARDING THE COMPANY'S SECOND ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WH~'REAS, the City of Plainview, Texas ("City") is a gas utility customer of Atmos Energy Corp., West Texas Division ("Atmos West Texas" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos West Texas; and WHEREAS, the City and similarly situated municipalities working together as the Steering Committee of Cities Served by Atmos West Texas ("Steering Committee") were previously in continuing disagreement, dispute, and litigation with the Company over the application of Section 104.301 of the Texas Utilities Code and the interim rate adjustments ("GRIP rate increases") established by the Railroad Commission of Texas ("RRC" or the "Commission"); and WHEREAS, pursuant to the terms of the November 15, 2007 stipulation settling the Company's GRIP rate increase application filed July 25, 2007, the Steering Committee and the Company collaboratively developed the Rate Review Mechanism ("RRM") tariff, ultimately authorized by the City in 2008, that allows for an expedited rate review process controlled in a three year experiment by Steering Committee Cities as a substitute to the current GRIP process; WHEREAS, on or after April 1, 2009, Atmos West Texas filed with the City its second application pursuant to the RRM tariff to increase natural gas rates by approximately $15.4 million, such increase to be effective in every municipality within its West Texas Division; and Atmos West Texas RRM Ordinance Page 1 of 4 ~3~~~- WHEREAS, the Steering Committee, assisted by its attorneys and consultants, coordinated the review of the Atmos West Texas RRM filing and designated the Executive Committee to resolve issues regarding the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by the Steering Committee's rate expert concluded that Atmos West Texas is able to justify a rate increase of up to $12.23 million; and WHEREAS, after negotiation and review, Atmos West Texas representatives and the Executive Committee were able to reach agreement that a $12.23 million increase in the Company's revenue requirement is reasonable; and WHEREAS, the Steering Committee supports efforts to hedge natural gas futures in order to mitigate the volatility of natural gas prices, which are apass-through to customers; and WHEREAS, the stipulation contemplates reimbursement of the Steering Committee's reasonable expenses associated with RRM applications; and WHEREAS, the Executive Committee, as well as Steering Committee lawyers and consultants, recommend that Steering Committee members approve the attached rate tariffs ("Attachment A" to this Ordinance), which will increase the Company's revenue requirement by $12.23 million consistent with the negotiated resolution; and WHEREAS, the attached tariffs implementing new rates and the Atmos West Texas Proof of Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by the Steering Committee and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, The City of Plainview Hereby Ordains that: Atmos West Texas RRM Ordinance Page 2 of 4 a_33~'~- SECTION I The findings set forth in this Ordinance are hereby in all things approved. SECTION II The City Council finds that the existing rates for natural gas service provided by Atmos West Texas are unreasonable and new tariffs and the Atmos West Texas Proof of Revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. SECTION III Atmos West Texas shall reimburse the reasonable rate making expenses of the Steering Committee Cities in processing the Company's rate application. SECTION IV To the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION V The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION VI If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION VII If the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. SECTION VIII The Company's Gas Cost Recovery tariff is revised to permit recovery of certain costs associated with hedging natural gas futures. Atmos West Texas RRM Ordinance Page 3 of 4 ~~~v, SECTION IX This Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after August 1, 2009. SECTION X A copy of this Ordinance shall be sent to Atmos West Texas, care of C. W. "Bill" Guy, at Atmos Energy Corporation, 5110 80th Street, Lubbock, Texas 79424 and to Geoffrey Gay, Steering Committee Counsel, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED on first reading this 28th day of July, 2009. PASSED AND APPROVED on second reading this 1'):~day of August, 2009. ~ y ~ ~A~ n C. Anderson, ATTF~T: ~/ Belinda Hinojosa, City APPROVED,A,S TO, CON G APPROVED AS TO FORM: Leslie Spear Pear e, City Attorney Atmos West Texas RRM Ordinance Page 4 of 4