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HomeMy WebLinkAboutR21-532•; RESOLUTION NO. R21-532 A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS ("CITY") DENYING SOUTHWESTERN PUBLIC SERVICE COMPANY'S PROPOSED RATE INCREASE REQUEST IN CONNECTION WITH ITS STATEMENT OF INTENT SUBMITTED ON ABOUT FEBRUARY 8, 2021; 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 WHEREAS, Southwestern Public Service Company ("SPS" or the "Company") filed a Statement of Intent with the City and with the Public Utility Commission of Texas ("PUCT") on or about February 8, 2021, to increase its base revenues for its Texas retail service area by approximately $143.3 million, which is an increase in base revenue of about 23%; and WHEREAS, SPS proposed to implement its proposed increase in rates effective on March 15, 2021; and WHEREAS, on about March 25, 2021, SPS updated its Statement of Intent to increase rates, modifying its proposed increase from about $143.3 million to about $143.0 million; and WHEREAS, the City previously suspended implementation of SPS's proposed increase in rates and its proposed effective date by 135 days to July 28, 2021; and WHEREAS, by agreement between AXM and SPS, SPS extended the suspension period to September 30, 2021; 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's rates, operations, and services within the municipality; and WHEREAS, under PURA § 33.025(a), the City has standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the City; and 1 of 3 2021 SPS Rate Application Filed on or About Feb. 8, 2021 Denial Resolution 269 WHEREAS, SPS failed to establish that its overall revenue request resulted in no more than an amount that will permit SPS a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of the utility's reasonable and necessary operating expenses; and and WHEREAS, SPS failed to establish that its proposed rates are just and reasonable; WHEREAS, SPS may exercise its statutory right to appeal a City decision regarding SPS's request to increase rates to the Public Utility Commission of Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL/COMMISSION 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 failed to show that its proposed rates are just and reasonable. Section 3. The City hereby DENIES SPS's request to increase rates and in support thereof finds that: a) The Statement of Intent fails to provide sufficient information to justify the requested increase in revenue or to justify the changes set forth in SPS's proposed tariffs; b) The Statement of Intent fails to provide sufficient information to justify the adoption of the rate base, expenses, investment, return on equity, and other rate issues. Section 4. SPS is hereby directed to continue to reimburse the City on a monthly basis, through AXM's coordinating city, the City of Amarillo, Texas, rate -case expenses for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the City of Amarillo. 2of3 2021 SPS Rate Application Filed on or About Feb. 8, 2021 Denial Resolution 270 Section 5. The City Secretary or other appropriate city official shall provide a copy of this Resolution to Mr. Alfred R. Herrera, Herrera Law & Associates, PLLC, 4524 Burnet Road, Austin, Texas 78756, and as a courtesy, provide SPS a copy of this Resolution by sending a copy of the Resolution to William A. Grant, Regional Vice President, Regulatory and Strategic Planning, and Jeremiah W. Cunningham, Rate Case Manager, Southwestern Public Service Company, 790 S. Buchanan St. Amarillo, Texas 79101. Section 6. 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 7. To the extent any Resolution previously adopted by the City Council is inconsistent with this Resolution, it is hereby superseded. Section 8. The findings set out in the preamble are in all things hereby approved. Section 9. This Resolution shall become effective from and after its passage PASSED AND APPROVED this 28"' day of AT ST: CITf SEC RY 3of3 2021 SPS Rate Application Filed on or About Feb. 8, 2021 Denial Resolution 1 1