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HomeMy WebLinkAboutR15-342268 RESOLUTION NO. 15-342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS ("CITY") DENYING SOUTHWESTERN PUBLIC SERVICE COMPANY'S PROPOSED INCREASE IN RATES SUBMITTED IN ITS APPLICATION ON DECEMBER 8, 2014; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Southwestern Public Service Company ("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 $64.75 million, which is an increase in base revenue of about 12.6%; 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 in this matter continued its participation in AXM; and WHEREAS, SPS's rate request, which was filed on about December 8, 2014, consists of a voluminous amount of information including SPS' rate -filing package, pre- filed direct testimony, exhibits, schedules, and workpapers; and 269 WHEREAS, the City in an earlier Resolution suspended SPS's proposed effective date of January 12, 2015 to allow the City's Special Counsel to review SPS's application; and WHEREAS, after review of SPS's application to increase rates, AXM's Special Counsel and consultants retained on behalf of AXM concluded that SPS's had not established the need for an increase in rates under current law and applicable rules and regulations; and WHEREAS, the City, as part of AXM, and SPS attempted to resolve SPS's proposed increase in rates by way of settlement, but were not able to reach agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR 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 application to increase rates, which application was submitted to the City on about December 8, 2014, is hereby DENIED. Section 3. SPS is directed to reimburse and to continue to reimburse AXM's expenses for participation in proceedings before the AXM cities, the Public Utility Commission of Texas, and participation in appeals to the Public Utility Commission of Texas or to the courts, if any, related to SPS's application to increase rates. Section 4. The City Secretary or other appropriate city official shall notify SPS of this Resolution by sending a copy of the Resolution to Evan Evans, Regional Vice President, Rates and Regulatory Affairs, and Brooke Trammell, Rate Case Manager, Southwestern Public Service Company, P.O. Box 1261 Amarillo, Texas 79105-1261 and also Stephen Fogel and Matthew Loftus, Xcel Energy Services, Inc., 816 Congress Ave., Suite 1650, Austin, Texas 78701-2471; and AXM shall be notified by sending a 2 of 3 270 copy of this resolution to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Ave., Suite 1250, Austin, Texas 78701. Section 5. 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. Section 6. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 11th day of August, 2015. AT T: 0/4) / BELINDA HINOJOSA, CITY S 'r ' ETARY TE SA KING, MAYOR P O TEM