CC Resolution No. 2901 RESOLUTION NO. 2901
A RESOLUTION BY THE CITY OF BAYTOWN, TEXAS ("CITY") SUSPENDING THE
EFFECTIVE DATE FOR NINETY (90) DAYS IN CONNECTION WITH THE RATE
INCREASE FILING MADE ON OR ABOUT MARCH 6, 2024, BY CENTERPOINT ENERGY
HOUSTON ELECTRIC LLC; AUTHORIZING THE CITY'S CONTINUED PARTICIPATION
IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION
OF CITIES;" AUTHORIZING PARTICIPATION IN PROCEEDINGS AT THE PUBLIC
UTILITY COMMISSION OF TEXAS; AUTHORIZING THE HIRING OF ATTORNEYS AND
CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND
CONSULTANT EXPENSES; REQUIRING PROOF OF NOTICE; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE THEREOF.
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WHEREAS, CenterPoint Energy Houston Electric ("CEHE" or "Company") filed a
Statement of Intent with the City on or about March 6, 2024, to change its rates within the
corporate limits of this municipality, specifically to increase its annual revenue for its retail
transmission and distribution services by approximately SIXTY MILLION DOLLARS
($60,000,000.00), comprised of an increase of about SEVENTEEN MILLION DOLLARS
($17,000,000.00) for its retail customers and about FOURTY-THREE MILLION DOLLARS
($43,000,000.00) for its wholesale transmission customers; 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 CEHE's 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 CEHE's 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 CEHE to change rates, has in
the past joined with other local regulatory authorities to form an alliance of cities known as Texas
Coast Utilities Coalition("TCUC"),and hereby continues its participation in TCUC; and
WHEREAS, in CEHE's prior general rate case submitted in April, 2019, in Docket No.
49421 before the Public Utility Commission of Texas ("PUC"), CEHE requested an increase of
about ONE HUNDRED FIFTY-FOUR MILLION, SIX HUNDRED THOUSAND DOLLARS
($154,600.000.00) and the PUC approved an increase of about THIRTEEN MILLION
DOLLARS ($13,000,000.00) in large part due to the City's participation in TCUC and
coordination with other cities and their review of CEHE's application; and
WHEREAS, CEHE's rate request consists of a voluminous amount of information
including CEHE's rate-filing package, exhibits, schedules,and workpapers; and
WHEREAS, CEHE's rate application is the Company's first general rate case since about
April,2019; and
WHEREAS, CEHE proposed April 10, 2024, as the effective date for its requested
increase in rates; and
WHEREAS, it is not reasonably possible for the City to complete its review of CEHE's
filing by April 10, 2024; and
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WHEREAS, the City will need an adequate amount of time to review and evaluate
CEHE's rate application to enable the City to adopt a final decision as a local regulatory authority
with regard to CEHE's requested rate increase.
WHEREAS, the City will require the assistance of specialized legal counsel and rate
experts to review the merits of CEHE's application to increase rates; and
WHEREAS, CEHE submitted a corresponding application with the PUC on the same
date as it filed its application with the City and the PUC's decision could have a direct impact on
the City and its citizens who are customers of CEHE and in order for the City's participation to be
meaningful it is important that the City intervene in any such proceedings at the PUC related to
CEHE's application to increase rates, including any appeals taken from the Commission's final
order. NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
THAT:
Section 1. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth.
Section 2. CEHE's proposed effective date for its proposed increase in rates is
hereby SUSPENDED for ninety days beyond April 10,2024.
Section 3. The statutory suspension period may be further extended if CEHE does
not provide proper public notice of its request to increase rates, its rate-filing package is
materially deficient, or by agreement.
Section 4. The City shall continue to participate in a coalition of cities known as the
Texas Coast Utilities Coalition of Cities ("TCUC"), and authorizes intervention in proceedings
related to CEHE's Statement of Intent before the PUC and related proceedings in courts of law;
and
Section 5. The City hereby orders CEHE to reimburse the City's rate case expenses
consistent with the PURA and that CEHE shall do so on a monthly basis and within 30 days after
submission of the City's invoices for the City's reasonable costs associated with the City's
activities related to this rate review or related to proceedings involving CEHE before the City,the
PUC, or any court of law.
Section 6. Subject to the right to terminate employment at any time, the City retains
and authorizes the law firm of Herrera Law & Associates, PLLC to act as Special Counsel with
regard to rate proceedings involving CEHE before the City, the PUC, or any court of law, and to
retain such experts as may be reasonably necessary for review of CEHE's rate application subject
to approval by the steering committee of the TCUC.
Section 7. The City, in coordination with the TCUC Steering Committee, delegates
to the City Manager and/or the City Attorney, or designee of such office, review of the invoices
of the lawyers and rate experts for reasonableness before submitting the invoices to CEHE for
reimbursement.
Section 8. A copy of this resolution shall be sent to Mr. Alfred R. Herrera, Herrera
Law & Associates, PLLC, P.O. Box 302799, Austin, Texas 78703, and a courtesy copy to Ms.
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Denise Gaw, Regulatory Manager, CenterPoint Energy, I I I I Louisiana Street, Houston, Texas
77002.
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.
Section 10. This resolution supersedes any prior inconsistent or conflicting resolution
or ordinance.
Section 11. This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 28"day of March, 2024.
ON CA TILLO, ayor
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SCOT T MOND,City Attorney
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