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HomeMy WebLinkAboutR05-152RESOLUTION NO. R05-152 A RESOLUTION BY PLAINVIEW, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY, WEST TEXAS DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2004; AUTHORIZING PAP, TICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., WEST TEXAS DIVISION, IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THI~ BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A P, EPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; RATIFYING THE SELECTION OF THE LAW FIRM LLOYD GOSSELINK TO REPRESENT THE CITY; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND P-,EQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, F=lainview, Texas ("City") is a gas utility customer of Atmos Energy, West Texas Division, ("Atmos WTX" or "the Company") and a regulatory authority with an interest in the rates and charges of Atmos WTX; and WHEREAS, on or about September 11, 2003, Atmos WTX filed a Statement of Intent to increase rates in all municipalities in the West Texas Division, which was subsequently resolved at the city level through settlement; and WHEREAS, Atmos WTX made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in September 2005, proposing to implement intedm rate adjustments ("GRIP Rate Increases") pursuant to Texas Utilities Code § 104.301 on all customers serYed by Atmos WTX; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in net income for its fiscal year ended September 30, 2004, and projects further increases in profits from its utility operations in 2005; and Resolution R05-152 Page 1 of 3 WHEREAS, Atmos Energy Corporation has recently experienced system-wide cost reductions due to the doubling of its nationwide customer base with the acquisition of TXU Gas, and has reported to its investors that it has experienced profits in the West Texas service area where it has weather normalization factors incorporated in its rate structure; and WHEREAS, the sufficiency of the filing by Atmos WTX and its compliance with statutory mandates is in question and needs to be determined; and WHEREAS, ratepayers of Atmos WTX, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos WTX ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos WTX; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: 1. The November 1, 2005, effective date of the GRIP Rate Increases proposed by Atmos WTX is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP rate increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. Resolution R05-152 Page 2 of 3 2. The City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 3. The City ratifies the selection by the Steering Committee formed on September 23, 2005, of Geoffrey Gay with the law firm of Lloyd Gosselink, in Austin, Texas, to serve as legal counsel. 4. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 5. The City hereby designates Greg Ingham as the City's rePresentative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. 6. Atmo$ WTX shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. 7. A copy of this Resolution shall be sent to Atmos WTX, care of C.W. "Bill" Guy, at Atmos Energy Corporation, 5110 80th Street, Lubbock, Texas 79424, and to Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd Gosselink, 111 Congress Avenue, Suite 1800, Austin, Texas 78701. Signed this 11th day of October, ATTEST: Belinda Hinojosa, City Secretary 20 . Resolution R05-152 , Page 3 of 3