HomeMy WebLinkAboutR12-262RESOLUTION NO. R12 -262
A RESOLUTION OF THE CITY OF PLAINVIEW SUSPENDING THE
MARCH 13, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP.,
WEST TEXAS DIVISION ( "ATMOS WEST TEXAS ") REQUESTED RATE
CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND
TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION
WITH THE STEERING COMMITTEE OF CITIES SERVED BY ATMOS
WEST TEXAS ( "CITIES ") TO HIRE LEGAL AND CONSULTING
SERVICES AND 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 CITIES' LEGAL
COUNSEL
WHEREAS, on or about February 7, 2012, Atmos Energy Corp., West Texas
Division ( "Atmos West Texas" or "Company "), pursuant to Gas Utility Regulatory Act
§ 104.102 filed with the City of Plainview ( "City ") a Statement of Intent to change gas
rates in all municipalities exercising original jurisdiction within its West Texas Division
service area, effective March 13, 2012; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
( "GURA ") and under Chapter 104, §104.001 et seq. of GURA has exclusive original
jurisdiction over Atmos West Texas' rates, operations, and services within the City; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it
is reasonable for the City to maintain its involvement in the Steering Committee of Cities
Served by Atmos West Texas ( "Cities ") and to cooperate with similarly situated cities in
conducting a review of the Company's application and to hire and direct legal counsel
and consultants and to prepare a common response and to negotiate with the Company
and direct any necessary litigation; and
WHEREAS, Atmos West Texas proposed March 13, 2012, as the effective date
for its requested increase in rates; and
WHEREAS, it is not possible for the City to complete its review of Atmos West
Texas' filing by March 13, 2012; and
WHEREAS, the City will need an adequate amount of time to review and
evaluate Atmos West Texas' rate application to enable the City to adopt a final decision
as a local regulatory authority with regard to Atmos West Texas' requested rate
increase; and
Res. R12-262
Atmos 2012 Page 1 of 2
485
486
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; 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.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS:
1. That the March 13, 2012, effective date of the rate request submitted by
Atmos West Texas on February 7, 2012, be suspended for the maximum period allowed
by law to permit adequate time to review the proposed changes and to establish
reasonable rates.
2. That the City is authorized to cooperate with the Steering Committee of
Cities Served by Atmos West Texas and its member cities in the West Texas service
area and under the direction of the Steering Committee's Executive Committee to hire
and direct legal counsel and consultants, negotiate with the Company, make
recommendations to the City regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Railroad Commission.
3. That the City's reasonable rate case expenses shall be reimbursed by
Atmos West Texas.
4. 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.
5. A copy of this Resolution shall be sent to Atmos, care of Mr. Jeffrey Foley,
Vice President, Rates and Regulatory Affairs, 5110 80 Street, P.O. Box 1121,
Lubbock, Texas 79408 -1121, and to Geoffrey Gay, General Counsel to Cities, at Lloyd
Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725.
PASSED AND APPROVED this 28 day of February, 2012.
AT
Belinda Hinojosa, City Sec
Res. R12 - 262 Atmos 2012
/ I
., Jdhn C. Anderson, ayor
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