Loading...
HomeMy WebLinkAboutR12-280RESOLUTION NO. R12 -280 RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ( "CITY ") SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF SOUTHWESTERN PUBLIC SERVICE COMPANY MADE ON OR ABOUT NOVEMBER 15, 2012; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES ( "AXM ") TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Southwestern Public Service Company ( "SPS ") SPS filed a Statement of Intent with the City of Plainview, Texas ( "City ") to increase its base - rate revenue requirement for its Texas retail service area by approximately $90 million and to reconcile its fuel cost for the period January 1, 2010 through June 30, 2012; and WHEREAS, the City is a regulatory authority under the Public Utility Regulatory Act ( "PURA ") and under Chapter 33, §33.001 et seq. of PURA has exclusive original jurisdiction over SPS' rates, operations, and services within the municipality; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating SPS' rate request and its changes in tariffs it is prudent to coordinate the City's efforts with a coalition of similarly situated municipalities; and WHEREAS, the City, in matters regarding applications by SPS to change rates, has in the past joined with other local regulatory authorities to form the Alliance of Xcel Municipalities ( "AXM ") and hereby continues its participation in AXM; and Resolution R12 -280 Page 1 of 4 55 56 WHEREAS, the rate request and fuel reconciliation of SPS, which was filed on or about November 15, 2012, consists of a voluminous amount information including SPS' rate - filing package, pre -filed direct testimony, exhibits, schedules, and workpapers; and WHEREAS, SPS proposed December 20, 2012 as the effective date for its requested increase in rates, which is the 35 day after the date SPS submitted its application; and WHEREAS, it is not possible for the City to complete its review of SPS' filing within 35 days; and WHEREAS, the City will need an adequate amount of time to review and evaluate SPS' rate application to enable the City to adopt a final decision as a local regulatory authority with regard to SPS' requested rate increase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS THAT: Section 1. The findings set out in the preamble are in all things hereby approved. Section 2. SPS's proposed effective date of December 20, 2012 for its filing of November 15, 2012, is hereby suspended for an additional ninety (90) days, or at least until March 20, 2013. Section 3. The statutory suspension period will be extended automatically day for day should SPS extend its proposed effective date, and may be further extended if SPS does not provide timely, meaningful, and proper Resolution R12 -280 Page 2 of 4 public notice of its request to increase rates, or if its rate - filing package is materially deficient. Section 4. The City continues its participation with other cities in a coalition of cities known as the Alliance of Xcel Municipalities ( "AXM ") with the understanding that the Steering Committee of AXM is to provide direction and guidance to Special Counsel representing said cities. Section 5. The City employs Herrera & Boyle, PLLC as Special Counsel to represent the City with regard to the requested increase in rates by SPS and related proceedings before local and state regulatory authorities and any court of law and authorizes Special Counsel to employ such rate experts as may be necessary for review and evaluation of SPS' rate application. Section 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to SPS for reimbursement. Section 7. SPS shall reimburse the City on a monthly basis, through AXM's coordinating city, the City of Amarillo, Texas, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the City of Amarillo. Section 8. The City Secretary or other appropriate city official shall notify SPS of this Resolution by sending a copy of the Resolution to James M. Bagley, Manager, Regulatory Administration Xcel Energy Services Inc., P.O. Box 1261, Amarillo, Texas 79105, and AXM shall be notified by sending a copy of this resolution to Mr. Marcus Norris, City Attorney, City of Amarillo, Texas by fax to 806 - 378 -3018. Resolution R12 -280 Page 3 of 4 57 58 Section 9. 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. passage. Section 10. This, resolution shall become effective from and after its PASSED AND APPROVED this 11 day of December, 2012. CITY SECRETARY Resolution R12 -280 Page 4 of 4