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
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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
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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.
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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
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