Ordinance No. 7,263950323 -4
ORDINANCE NO. 7263
AN ORDINANCE RENEWING THE CONTRACT OF BROWNING FERRIS
INDUSTRIES FOR THE ANNUAL SOLID WASTE COLLECTION AND
DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF THE SUM OF EIGHT HUNDRED TWENTY THOUSAND SEVEN
HUNDRED FOUR AND 60/100 DOLLARS ($820,704.60); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Browning Ferris Industries was awarded the annual
solid waste collection and disposal contract on February 14, 1991,
pursuant to competitive bidding procedures, which contract included
an option by the parties to renew for six (6) additional one (1)
year periods; and
WHEREAS, Browning Ferris Industries has indicated their
willingness to renew the contract for an additional year under the
same terms and conditions; and
WHEREAS, the Administration has reviewed the market conditions
and recommends renewal as being in the best interest of the City;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown hereby
renews the contract of Browning Ferris Industries for the annual
solid waste collection and disposal contract for the sum of EIGHT
HUNDRED TWENTY THOUSAND SEVEN HUNDRED FOUR AND 60/100 DOLLARS
($820,704.60) and authorizes payment thereof.
Section 2: That pursuant to the provisions of Texas Local
Government Code Annotated § 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, provided that the original contract
price may not be increased by more than twenty -five percent (250)
or decreased by more than twenty -five percent (25a) without the
consent of the contractor to such decrease.
Section 3: This ordinance 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 23rd day of March,
1995.
PETE C. AL ARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SA_.,), City Attorney
legal /councillmarch/3- 23- 95renewKbft
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950323 -4a
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C�
ARTICLE XX. Other Provisions ..... ............................... 39
APPENDIX A Municipalities with §42 Rate Ordinances that have been
Appealed to the Commission
APPENDIX B Municipalities with Pending or to be Initiated §42
Proceedings
APPENDIX C Allocation of Base Rate Reduction
APPENDIX D Tariff for Electric Service
APPENDIX E Summary of Changes to Tariff for Electric Service
APPENDIX F Pending Appeals
APPENDIX G Allocation of Reduction Provided in Paragraph A of Article VII
HOU0198O46
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DOCKET NO. 12065
COMPLAINT OF KENNETH D. §
WILLIAMS AGAINST HOUSTON § PUBLIC UTILITY COMMISSION
LIGHTING & POWER COMPANY § OF TEXAS
STIPULATION AND AGREEMENT
This Stipulation and Agreement is made and entered into by and among Houston
Lighting & Power Company ( "HL&P ") and the other entities whose authorized representatives
have signed it.
Whereas, on May 25, 1993, Kenneth D. Williams filed with the Public Utility
Commission of Texas ( "Commission" or "PUC ") a complaint pursuant to Sections 37, 39(b) and
42 of the Public Utility Regulatory Policy Act ( "PURA ") challenging the propriety of HL&P's
rates; and
Whereas, on February 23, 1994, the Presiding Officer in this Docket issued Order
No. 22 ordering that the Complaint of Kenneth D. Williams proceed to hearing pursuant to PURA
Section 42; and
Whereas, notice of the Section 42 proceeding was provided consistent with all
statutory and regulatory requirements; and
Whereas, on June 16, 1994, the General Counsel of the Commission filed a petition
of inquiry into the operation and management of the South Texas Nuclear Project which became
Docket No. 13126; and
0
HOUO3 :98046
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Whereas, the municipalities listed on Appendix A have acted under PURA
Section 42 to modify HL&P's rates within the geographic areas subject to their jurisdiction; and
Whereas, HL&P has appealed to the Commission the orders of the municipalities
listed on Appendix A; and
Whereas, the municipalities listed on Appendix B presently have pending or will
initiate Section 42 rate proceedings that are to be appealed to the Commission and consolidated
with Docket No. 12065 pursuant to this Agreement; and
Whereas, except as otherwise specified herein, the Signatories desire to resolve
Docket No. 12065; HL&P's appeals of the municipal rate ordinances listed on Appendix A; the
Section 42 proceedings listed on Appendix B; Docket No. 13126 as it relates to HL &P; and
pending appeals of Commission orders in certain prior HL&P rate dockets; and
Whereas, the public interest will be served by the adoption of an order consistent
with this Agreement because it provides expeditious implementation of just and reasonable rates;
promotes the adequate and efficient provision of service; and is in accordance with applicable law;
and
Whereas, resolution on a stipulated basis of all the matters set forth herein would
conserve resources; avoid the uncertainties inherent in further litigation; and minimize rate case
expenses both in this case and in the future.
NOW, THEREFORE, Signatories, through their undersigned representatives, agree
and stipulate as follows:
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ARTICLE I.
Definitions
A. Agreement -- The term "Agreement" refers to this Stipulation and
Agreement, including all Appendices hereto.
B. Base Rate Unit Charges -- The term "Base Rate Unit Charges" means the
charges designated as "facilities charges ", "energy charges" and "demand charges" in the rate
tariffs in the Tariff for Electric Service attached hereto as Appendix D, excluding IS -1, IS -10 and
[3:31
C. Date of Execution -- The term "Date of Execution" means the last date on
which the Agreement is signed by HL&P and all other Signatories but no later than February 21,
1995.
D. HB -11 Factor -- The term "HB -11 Factor" means the rate adjustment for
state franchise taxes pursuant to PUC Substantive Rule §23.21(d).
E. Pending Appeals -- The term "Pending Appeals" means the appeals listed
on Appendix F of this Agreement.
F. PCRF — The term "PCRF" means HL&P's Purchased Power Cost Recovery
Factor calculated pursuant to the PCRF Rate Schedule Rider.
G. Rate Cap Period — The term "Rate Cap Period" means, for each regulatory
authority with jurisdiction over HL&P's base rates, the three year period from January 1, 1995
through the earlier of December 31, 1997 or the date on which HL&P mattes a Section 43 base
HOUO3:98046
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rate increase filing in any applicable jurisdiction as permitted under paragraph A or paragraph D
of Article VI.
H. Section 42 Proceeding -- The term "Section 42 Proceeding" refers to any
proceeding instituted by a regulatory authority to modify HL&P's rates pursuant to Section 42 of
the Public Utility Regulatory Act.
I. Signatories -- The term "Signatories" means those parties which execute this
Agreement, including any parry that signs this Agreement as a non - opposing party.
J. STP -- The term "STP" refers to the South Texas Project.
K. 12065 Final Order -- The term "12065 Final Order" means an executed
Commission order on the merits resolving Docket No. 12065 (including Docket No. 13126 insofar
as that Docket relates to HL&P and appeals of municipal rate ordinances) and related issues dealt
with in this Agreement in accordance with the terms of this Agreement.
L. 12065 Final Order Date -- The term " 12065 Final Order Date" means the
date on which the Commission issues a written 12065 Final Order under § §2001.141 of the Texas
Government Code that is subject to motions for rehearing under § §2001.146 of the Texas
Government Code.
ARTICLE II.
This Agreement is a compromise and settlement of Docket No. 12065 and appeals
of municipal rate ordinances listed on Appendix A. The Signatories will request that the 12065
• Final Order be an order on the merits finally resolving Docket No. 12065 in the manner P rovided
H0003 98046 -4-
in this Agreement. HL &P agrees to implement the terms of this Agreement on a system -wide
basis.
ARTICLE I1I.
A. Docket No. 13126 was created to permit consolidated hearing of issues
regarding prudence of operation and management of the South Texas Project, which issues would
otherwise have been resolved in separate rate proceedings for HL&P and Central Power & Light
Company ( "CPL "). This Agreement is a compromise and settlement of Docket No. 13126
insofar as that docket applies to HL&P. Within ten (10) days after the Date of Execution,
Signatories who are parties in Docket No. 13126 shall file a joint motion to dismiss HL&P from
Docket No. 13126 and to provide that all HL&P related issues from Docket No. 13126 will be
resolved in Docket No. 12065. It is recognized that to the extent Docket No. 13126 goes forward
with respect to CPL there may be testimony, reports or other documents filed in Docket No.
13126 discussing alleged imprudence in connection with the operation and management of STP.
In any future judicial or administrative proceeding involving the same or similar issues, neither
HL&P nor any other party shall be bound by any findings that result from a trial or settlement of
Docket No. 13126 issues as they relate to CPL, whether such resolution occurs in Docket No.
13126 or in any related CPL Docket. HL&P or other parties will be free to contest or otherwise
respond to any allegations contained in Docket No. 13126 testimony, reports or other documents
in any other proceeding in which an attempt is made to use such testimony, reports or other
• documents against HL&P or other Signatories.
H0003:98046 -5-
1-J,
B. This Agreement is a compromise and settlement of Docket No. 13702
(Application of HL&P for approval of HB -11 Tax Adjustment Factors for 1995). Within ten (10)
days after the Date of Execution, HL&P shall file a motion to suspend that docket pending
Commission consideration of this Agreement and to dismiss that docket as of the Final Order
Date. Signatories agree to support, or not oppose that motion.
ARTICLE IV.
A. HL&P shall reduce its base rates for service rendered on or after January
1, 1995. On an adjusted test year basis, the reduced rates would result in base rate revenues of
$2,450,820,000 or an aggregate reduction of $232,918,000 (8.7 %a). The base rate reduction shall
be allocated among existing rate classes in the amounts set out on Appendix C. The specific rates
applicable to each class after giving effect to the agreed base rate reduction are set out in HL&P's
Tariff for Electric Service, which is Appendix D to this Agreement. All changes to the Tariff for
Electric Service are listed in the summary of tariff changes, which is Appendix E to this
Agreement. Except as identified on that summary or otherwise addressed in this Agreement, none
of the tariff modifications included in HL&P's Docket No. 12065 Rate Filing Package or
proposed by any other party in Docket No. 12065 will be implemented under this Agreement.
B. The rates and tariffs contained in Appendix D reflect the following specific
agreements among the Signatories:
1. Except as otherwise provided herein or set forth in the Tariff for Electric
Service, to the extent possible, the Base Rate decrease was applied to the
HOUO3 -98046 -6-
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rate design of each rate class on an equivalent basis to all listed charges in
their respective tariffs.
2. The applicability provisions of the GHL rider to the MGS tariff was
modified to include traffic signals operated by state, county, and municipal
governments and the rider was renamed as the Governmental Lighting &
Traffic Control ( "GLTC ") Rider. Within 90 days after the 12065 Final
Order Date, HL&P will give notice of the availability of the GLTC Rider
for service to traffic signals to Texas State Agencies and all municipalities
and counties within its service territory. The notice to each governmental
entity will include a listing of all of their accounts which, based on SIC
codes, HL&P knows qualify for Rider GLTC.
3. The Tariff for Electric Service includes a wheeling tariff to enable QF's,
other wholesale power suppliers, and wholesale power purchasers to
purchase transmission wheeling for periods as short as one hour.
4. The minimum demand threshold in the LGS rate was lowered to 400 kVa.
Within 90 days after the 12065 Final Order Date, HL&P will give
individual written notices of this change in the minimum demand threshold
to MGS customers taking at demand levels of 400 kVa or greater.
5. The tail block energy charge in the MGS rate was lowered to
$0.00575/kwh with corresponding increases to the first two energy blocks.
is
H0003.9804b -7-
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6. The tail block in the LGS rate was lowered to $0.005 /kwh with
corresponding increases to the demand charge and first block energy
charge.
7. The Tariff for Electric Service was modified to state that HL&P will
provide annually, in areas served by underground conductors, installation
of a certain number of HL&P's High Pressure Sodium street lights mounted
on ornamental standards at no installation cost. The number will be
determined by the municipality but, the annual number will not exceed the
greater of 50 or 6% of the previous year's street light count served by
underground conductors for the municipality. A municipality may request
that a portion of the residential street lights to be provided under this
paragraph be installed instead in commercial areas; provided, however, that
the municipality shall pay any additional costs.
8. The Tariff for Electric Service was revised to provide that HL&P will
replace existing 3,300, 7,500 and 20,000 lumen Mercury Vapor street
lights with 9,500, 16,000 and 25,500 lumen High Pressure Sodium street
lights, respectively, in the municipalities it serves at no up front cost to
those cities, as individual lamps burn out.
9. The Tariff for Electric Service was revised to provide that the time of
operation of lights under Rate Schedule SPL will be 4000 hours.
•
HOUO3:98046 -8-
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10. The Base charge for Rates IS -10 and SBI in the Tariff book was set at 3.2
mills /kwh; and the Base charge for Rate IS -I was set at 1.5 mills /kwh.
11. The Tariff for Electric Service continues to include the EIS Tariff.
Signatories agree that, in any future proceeding, Signatories will be free to
make any argument regarding possible revenue imputation relating to the
EIS Tariff.
C. The changed rates and tariff language on Appendix D shall be effective
retroactive to January 1, 1995 except the Fuel Cost Factor -Rider FC, which will be effective as
provided in Article VIII. HL&P will refund to each rate class the amount by which the base rate
revenues, adjusted by the PCRF and HB -11 Factor, billed to that class by HL&P, for service
rendered during the Refund Period exceed the base rate revenues HL&P would have billed such
class during the Refund Period at the rates set out on Appendix D. As used in this paragraph the
term "Refund Period" means the period commencing on January 1, 1995 and ending at the
beginning of the first billing cycle of the first calendar month after the 12065 Final Order Date
but will not include the portions of that period during which HL&P billed pursuant to the deferred
billing procedures in paragraph D of this Article IV. The refund amount for each transmission
level customer and for each non - transmission rate class will be calculated for each month of the
Refund Period by multiplying the actual billing determinants for each transmission customer and
each non - transmission class by the amount, if any, by which the base rates (adjusted by the PCRF
and HB -11 Factor) used for billing in such month exceed the base rates set out on Appendix D.
If the deferred billing procedures in paragraph D are implemented as requested and are not
HOUO3 98046 -9-
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terminated prior to the 12065 Final Order, the refunds for each class will bear interest at the rate
provided in Section 23.45(g). If the deferred billing procedures in paragraph D are not
implemented as requested or the deferred billing procedures are terminated prior to the 12065
Final Order, the refunds for each class will bear interest at the rate of six percent (6 %)
compounded annually. The refunds will be made in a single month and will commence not later
than the first billing cycle of the second calendar month after the 12065 Final Order Date
( "Refund Month "). The refunds to transmission level customers will be based on actual usage of
each customer for the Refund Period. The Signatories agree that the refund method used to
calculate and remit refunds due transmission level customers will be applied consistently to all
transmission level customers. HL&P will provide workpapers illustrating these calculations to
requesting parties. Refunds to customers other than transmission level customers will be made
by application of a refund factor applied to actual usage during the Refund Month. The refund
factor will be calculated by dividing the refund due non - transmission level customers in the class
by the estimated kilowatt-hour sales to non - transmission level customers in the class for the
Refund Month. Within 30 days after the Refund Month, HL&P will provide the Signatories with
workpapers showing the calculations of the refund factors and the amount refunded and any
over /under refund balance. Any balances that remain after refunds have been completed shall be
credited or debited (as appropriate) as eligible fuel in HL&P's next fuel reconciliation proceeding.
HOUO3:98046 -10-
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D. HL&P agrees that commencing with the first billing cycle for the month following the date
of the Commission order approving deferred billing, HL&P will temporarily defer billing a
portion of the base rates that it is otherwise authorized to charge during such period. Specifically,
HL &P's current effective Docket No. 9850 base rates adjusted for the PCRF and the HB - II
Factor ( "Pre- Settlement Rates ") will remain the lawful, effective rates approved by the
Commission. HL&P will be authorized, however, to bill each customer using the base rates
contained in Appendix D ( "Appendix D Base Rates "). Each month, HL&P will maintain a
monthly record of the difference between the revenues billed on the basis of the Appendix D Base
Rates and the revenues that would have been billed at the Pre - Settlement Rates as if that difference
were an under - recovery amount pursuant to PUC Substantive Rule 23.23(b)(3)(C). The deferred
amounts shall accrue interest at the rate of six percent (6 %) compounded annually. Although
deferred billing amounts will be treated as if they were an under - recovery amount pursuant to
Substantive Rule 23.23(b)(3)(C), such amounts shall be maintained in accounts separate from fuel
over and under collections.
The deferred billings will be contingent upon issuance of a 12065 Final Order
consistent in all material respects with the terms of this Agreement. If the 12065 Final Order is
consistent in all material respects with the terms of this Agreement, the deferred balance
accumulated during the period the deferred billings were in effect will be canceled. If, however,
the Commission does not issue a final order consistent with the terms of this Agreement and, as
a result, HL&P withdraws from this Agreement pursuant to Article XX, HL&P shall have the
• right to stop deferred billings and to recover the deferred balance (including accumulated interest)
HOUO3 :980x6 -11-
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from its customers through surcharges over a number of months equal to the number of months
that HL &P billed at the reduced levels. The surcharges will be allocated among classes and
charged to customers using the procedures for refunds described in paragraph C of this Article
1V. The surcharges will commence with the first billing cycle of the month following the date on
which HL&P withdraws from this Agreement. At the time HL&P commences surcharges, it will
file workpapers showing calculation of the surcharge amounts.
Signatories agree that HL&P will not be obligated to commence deferred billing
as described in this paragraph D unless all of the following conditions are met:
1. This Agreement is not opposed by any party in Docket No. 12065 other
than Michael Hershey;
2. The order approving deferred billing expressly approves deferred billing
as described in the preceding paragraph and expressly authorizes HL&P to
collect any applicable surcharges with interest as set forth in paragraph D
of this Article 1V without further authorization from the Commission
provided that such prior authorization shall not preclude any party from
contending that HL&P's surcharges are not calculated in accordance with
the authorized procedures;
3. The Commission order approving deferred billing expressly recognizes that
(a) the deferred billing procedures were a part of the negotiated settlement
in this docket, (b) that such procedures reflect compromises among the
is Signatories and cannot be construed as an agreement or an admission of
HOUO3:9WA6 -12-
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any party regarding the propriety of these or analogous procedures,
including the appropriate interest rates, in any other context or as an
agreement or admission that a Commission order is required to implement
these or analogous procedures; and (c) that the order shall not be construed
to confirm or deny that any rates ordered or approved by the Commission
on any basis, other than settlement, can be made effective retroactive to the
date deferred billing was initiated or any other date.
In addition, if after deferred billing is implemented the Agreement is opposed by a party in Docket
No. 12065 other than Michael Hershey, HL&P may prospectively terminate deferred billings but
may not impose surcharges to recover previously deferred amounts until and unless HL&P
withdraws from this Agreement pursuant to Article XX.
Within 7 days after the Date of Execution, HL&P will request a Commission order
authorizing deferred billing as provided in this paragraph D. All Signatories will support that
request and further request that deferred billing be approved in time to permit HL&P to
commence deferred billing at the beginning of HL&P's April 1995 billing month.
E. Signatories agree that the rates and tariff changes set out on Appendix D are
just and reasonable. Signatories will recommend, support and defend in this Docket, approval
of those rates and tariff changes.
HOUO3 -98046
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ARTICLE V.
M. RRMINTIMMODIM.
For purposes of computing the allowance for funds used during construction rate
during the period from January 1, 1995 through the date HL&P's base rates are superseded by
new systemwide base rates made effective under PURA Section 43 or 42, HUP shall use a return
on equity of 11.55%.
ARTICLE VI.
A. HL&P shall not file to increase the base rates set out in Appendix D during
the Rate Cap Period unless one or more of the following events occur:
1. New laws or regulations are adopted by legislative or regulatory bodies and
as a result of those laws or regulations HL&P's actual revenues
(determined on an accrual basis) will be reduced by more than $60 million
on an annual basis. To the extent that such new laws or regulations would
cause some revenues to decrease while other revenues increase, regardless
of whether the increase in revenues is due to customers taking advantage
of a service that was legal or in existence prior to the new laws or
regulations taking effect, a rate increase filing would be permitted only if
the net reduction exceeds $60 million;
2. New laws or regulations are adopted by legislative or regulatory bodies and
• as a result of those laws or regulations HL&P's actual cost of service
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(determined on an accrual basis) will be increased by more than $60 million
on an annual basis. To the extent that such new laws or regulations would
cause some expenses to increase while other expenses decrease, a rate
increase filing would be permitted only if the net increase exceeds $60
million; or
3. Any combination of legislative or regulatory actions of the type identified
in 1. or 2. above which will result in actual net cost of service increases
and actual net revenue decreases which in combination exceed $60 million
on an annual basis.
4. The $60 million thresholds referred to in sub - paragraphs 1, 2 and 3 above
are in addition to any amounts HL&P may be entitled to recover through
recovery factors. A change in methodology required by new laws or
regulatory action shall not entitle HL&P to make a Section 43 filing under
sub - paragraph 1, 2, or 3 unless the change in methodology increases the
actual net cost of service or reduces actual net revenue by more than $60
million.
5. The provisions of this paragraph VLA establish triggers permitting HL&P
to make a Section 43 filing but do not permit HL&P to increase rates based
solely on the impacts of the legislative or regulatory action. Rather, any
Section 43 base rate increase filing by HL&P pursuant to this paragraph A
• must be based on HL&P's total costs of service and revenues. In no event
HO0:03:99X6 -15-
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shall rates be increased (including for example, increased rates under bond)
as a result of a filing under this Article until HL &P actually begins
experiencing the cost of service increase or revenue decrease the
anticipation of which caused the triggering event to occur.
B. HL&P may file to implement a voluntary reduction in base rates at any time
during-the Rate Cap Period. In addition, at any time during the Rate Cap Period, HL&P, or other
parties, may make filings to (1) modify tariffs, riders or terms and conditions while not increasing
base rate revenues or Base Rate Unit Charges from any of the rate tariffs in the Tariff for Electric
Service attached hereto as Appendix D and which do not increase the base charge for IS -I, SBI
or IS -10 service; (2) add tariffs, riders, and terms and conditions to address changed conditions
provided such additions do not result in an increase to base rate revenues or Base Rate Unit
Charges as reflected in the Tariff for Electric Service attached hereto as Appendix D and do not
increase the base charge for IS -I, SBI or IS -10 service; (3) increase or decrease the charges in,
or otherwise modify any experimental tariffs provided such changes do not result in an increase
to base rate revenues or an increase in Base Rate Unit Charges for non - experimental tariffs as
reflected in the Tariff for Electric Service attached hereto as Appendix D and do not increase the
base charge for IS -I, SBI or IS -10 service; (4) change fixed fuel factors or otherwise provide for
the recovery of fuel costs and the disposition of fuel over - recoveries and under - recoveries; or (5)
change the PCRF in accordance with the PCRF Rate Schedule. Except to the extent provided
elsewhere in this Agreement, nothing herein will preclude any entity from contesting such matters
as they choose in any proceeding initiated under this paragraph B. The Signatories further agree
HOUO3.99046 -16-
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that none of the five types of filings set out in this paragraph shall constitute force majeure events
described in paragraph VI.A (unless such filings are required by new laws or regulations.)
C. During the Rate Cap Period, HL&P shall not initiate any proceeding to
increase, directly or indirectly, the 0 &M charge applicable to Rates IS -I, IS -10, SBI, and NEP,
which charge shall remain at 1.204 mills /kwh. This provision shall not limit the right of any
entity other than HL&P to seek to change the 0 &M charge in any proceeding during the Rate Cap
Period nor shall it limit in any way the positions HL&P or any other entity may take in response
to another entity's proposal to change the O &M charge for any one or more of Rates IS -I, IS -10,
SBI and NEP. Thus, if in any proceeding during the Rate Cap Period, any entity proposes to
change the O &M.charge applicable to one or more of the Rates IS -1, IS -10, SBI and NEP, HL&P
and any other entity may take any position it chooses regarding the O &M charges for the same
Rates as are covered by that entity's proposal or for any or all of the other Rates IS-I, IS -10, SBI
and NEP. This paragraph shall not limit the right of any entity, including HL&P, to propose
changes to the methodology for calculating the Period Avoided Cost under Rates IS -I, IS -10, SBI
and NEP, as approved by the Final Order in Docket No, 7044.
D. Each regulatory authority exercising jurisdiction over HL&P retains the
right, on complaint or on its own motion, to initiate a Section 42 proceeding against HL&P. If,
during the Rate Cap Period, any proceeding is initiated by the Commission or any other regulatory
authority to reduce HL&P's rates below the levels set out in Appendix C, nothing in this
Agreement shall restrict HL&P's right to defend against the proceeding in any manner it deems
• appropriate including a right to file and make effective a Section 43 base rate increase in the
HOL'03:9W96 -17-
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¢eographic area subject to the jurisdiction of that regulatory authority. Regardless of what
measures HUP takes to defend itself in a Section 42 proceeding, HL&P may not file a Section
43 base rate increase in any jurisdiction that has not initiated a Section 42 proceeding except as
provided in paragraph VI.A.
E. Except as expressly set out in this Agreement, the settlement will not
prejudice any position a party may take regarding any issue, including rate base treatment of any
item, in any proceeding or earnings monitoring evaluation during or after the Rate Cap Period.
F. During the Rate Cap Period, HL&P shall not defer costs which are normally
expensed by public utilities.
G. Nothing in this Agreement shall limit any customer's right to file a billing
complaint against HL&P.
ARTICLE VII.
A. Effective August 1, 1994, HL&P shall reduce the total eligible fuel costs
for the fuel reconciliation period ended July 31, 1994 by $70 million (the $70 million includes
interest through July 31, 1994) and shall not seek to recover such $70 million from its ratepayers.
All fuel revenues, other fuel costs, and related interest through July 31, 1994 shall be deemed
reconciled in accordance with PUC Substantive Rule 23.23(b)(3) with the same effect as if the
Commission had issued a final order in a fuel reconciliation proceeding for that period.
B. As soon as practical after January data becomes available, HL&P will file
• in Docket No. 12065 a request to refund the fuel over - collection balance through January 31,
HOUO3M046 -18-
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1995 with such refund to begin the first billing cycle of the calendar month following approval
of the refund. For purposes of the refund under this paragraph, the over - collection balance shall
be calculated as if the $70 million reduction provided in paragraph VII.A had not been made. The
refund shall include interest on the over - collection balance calculated pursuant to PUC Substantive
Rules 23.23(b)(3)(C)(i) and 23.45(g).
C. Commencing during the first billing cycle of the calendar month following
the 12065 Final Order Date, HL&P will refund the $70 million provided in paragraph A of this
Article VII, with interest on the $70 million calculated pursuant to the PUC Substantive Rules
23.23(b)(3)(C)(i) and 23.45(g). The refund will be allocated among customer classes as set out
on Appendix G. Refunds to transmission level customers will be based on those customers'
respective usage during the period February 1993 through May 1994. Refunds to customers other
than transmission level customers will be made by application of a refund factor applied to actual
usage during the month in which the refund is made. The refund factor will be calculated as
provided in PUC Substantive Rule 23.23(b)(3)(C)(iv). The allocation on Appendix G is the result
of compromises and should not be treated as precedential.
D. HL&P's eligible fuel costs for the period beginning August 1, 1994 shall
be subject to reconciliation in a future fuel reconciliation proceeding. The reconcilable costs and
revenues for the fuel reconciliation period starting on August 1, 1994 shall be governed by
Substantive Rule 23.23(b). The parties specifically agree that (i) the revenues from the steam
sales to DuPont; spent nuclear fuel disposal costs; wheeling charges paid by HL&P in connection
• with power purchases; Department of Energy decontamination and decommissioning fees; IS -1,
H0003:99046 -19-
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IS -10 and SBI Revenues; and ETSI IitiQation credits will be classified as eligible fuel costs; and
(ii) wheeling revenues and expenses associated with HL&P providing wheeling services to others
will be considered in the determination of base rates. To the extent any of the above classifications
of costs as eligible or non - eligible could be construed as inconsistent with the PUC Substantive
Rule 23.23(b)(2)(B), the Signatories request Commission approval of the classifications delineated
above.
ARTICLE VIII.
A. Within 10 days after the Date of Execution of this Agreement, HL&P shall
file in Docket No. 12065 a request for an interim order reducing its fuel factors by approximately
17% effective as of the first billing cycle of the calendar month following the date of approval of
that request, whether or not this Agreement is approved. The Signatories agree to support, or not
oppose, such a request.
B. HL&P's PCRF shall be set at zero effective retroactive to January 1, 1995.
For purposes of computing adjustments under the PCRF for periods after January 1, 1995, the
purchased power costs used to fix the base rates contained in Appendix D shall be deemed to be
$31,784,178.
C. HL&P's HB -11 Factor shall be reduced to zero effective retroactive to
January 1, 1995.
HO UO3:98046
-20-
•
ARTICLE IX.
Trinity Mine Investments and Malakoff
Electric Generating Station Investments
A. The costs incurred by HL&P in connection with its previously planned, but
now cancelled, Malakoff Electric Generating Station and the related Trinity lignite reserves shall
be amortized as follows:
(1) Malakoff costs for which amortization was authorized in Docket No. 8425
shall continue to be amortized on the schedule approved in that docket.
(2) Malakoff costs for which amortization was first requested in Docket
No. 12065 shall be amortized over a period not exceeding seven (7) years
commencing January 1, 1993.
(3) Trinity lignite related costs shall be amortized over a period not exceeding
seven (7) years commencing on a date to be determined by HL&P but not
later than January 1, 1996.
Under this amortization schedule, HL&P's entire investment in Malakoff and Trinity shall be
written off HL&P's books not later than December 31, 2002. HL&P shall not accrue, for
amortization, any additional Trinity or Malakoff amounts (including amounts incurred under fuel
contracts) after the Date of Execution, nor shall it accrue carrying costs on the unamortized
balances.
B. Until the earlier of (i) HL&P's next Section 43 base rate increase filing, or
• (ii) completion of amortization of the costs as set out above, the amortization amounts provided
HOUO3:98046 -21-
•
in paragraph IX.A shall be included as part of HL &P's cost of service as "operating expenses"
for purposes of each earnings monitoring evaluation and any Section 42 proceeding initiated to
modify HL &P's rates. Except for correction of mathematical errors, the Signatories agree that
no portion of such amortization amounts may be removed from HL&P's cost of service during
that time - frame. In any future Section 43 rate increase proceeding (including but not limited to
a Section 43 filing in response to a Section 42 proceeding), all Signatories shall be free to propose
or contest inclusion of such amortization amounts in HL&P's cost of service or inclusion of
unamortized amounts in rate base. Any treatment or assumed treatment of the Malakoff and
Trinity amortization amounts or of the unamortized Malakoff and Trinity costs under this
Agreement shall not have any precedential value for purposes of determining how such amounts
should be treated in such future Section 43 proceedings.
ARTICLE X.
A. In Docket No. 8425, the Commission authorized HL&P to defer certain STP
Unit 1 costs under a phase -in plan (Qualified Deferrals) and in Docket Nos. 8230, 8425, and 9010
authorized HL&P to use deferred accounting for certain other STP Unit 1 and 2 costs incurred
between the dates those units went into commercial operation and the date the costs of the units
were reflected in rate base (Accounting Deferrals) (the Qualified Deferrals and Accounting
Deferrals are referred to jointly as "STP Deferrals ").
In any future earnings monitoring evaluation or Section 42 proceeding, whether
during or after the Rate Cap Period, and in any future Section 43 base rate increase proceeding,
HOUO3:99046 -22-
•
any Signatory may raise any of the following reserved issues relating to the calculation of the STP
Deferrals:
AFUDC (Carrying Cost) Rate Differences
Depreciation Rate Differences
Balance Subject to Carrying Costs Reduced Monthly
by Accumulated Depreciation
Balance Subject to Carrying Costs Reduced Monthly by ADFIT
Balance Subject to Carrying Costs Reduced Monthly by Bonded Rates
Effect of STP -1 Accounting Deferral Differences
on STP -1 Qualified Deferrals
Combined Effects of the Calculation Differences
In earnings monitoring evaluations or Section 42 proceedings, the parties are not limited as to the
methodology they may use when calculating the reserved issues.
In exchange for the mutual consideration that is being exchanged through this
Agreement, except for the right to propose adjustments associated with the reserved issues (which
adjustments to STP Deferrals balances may not exceed $88 million), no Signatory may contest
inclusion of the STP Deferrals in rate base or contest amortization of STP Deferrals as an
operating expense in cost of service in any Section 42 proceeding or earnings monitoring
evaluation during the Rate Cap Period.
Except as provided in paragraphs B and C of this Article X, the position on the
• STP Deferrals that parties are obligated to take as a result of this Agreement is without prejudice
HOUO3:98046 -23-
•
to any position that any Signatory may take in any Section 43 proceeding during the Rate Cap
Period and in any proceeding after the Rate Cap Period. No Signatory may refer to the position
that a party is obligated to take on the STP Deferrals under this Agreement during the Rate Cap
Period in any Section 43 proceeding, any proceeding after the Rate Cap Period, or in any appeal
at any tune.
B. Except as set out in paragraph X.A, all issues relating to calculation of the
STP Deferrals as of December 31, 1993 are resolved and HL&P's balances as of such date (except
to the extent that they may be modified as a result of the reserved issues) are determined to have
been correctly calculated. The STP Deferrals shall continue to be amortized under the schedules
established in Docket No. 9850.
C. In Docket No. 12065, certain "financial integrity" issues were raised
relating to inclusion of the STP Deferrals in rate base and inclusion of amortization of such
deferrals in the cost of service. If, in order to recover the STP Deferrals, HL&P is required to
prove a financial integrity need only once, then HL&P has made that financial integrity showing.
However, if HL&P is required to prove a financial integrity need in each rate case in which
HL&P seeks to reflect the STP Deferrals and amortization in its cost of service, then nothing in
this Agreement prejudices any claim a party may make on the issue of financial integrity and the
recovery of the accounting deferrals in any future rate cases. The provisions in this paragraph
about the financial integrity finding regarding the accounting deferrals is limited solely to the issue
of the STP Deferrals and is not a general statement about HL&P's financial integrity and is not
• a finding that is applicable to any other issue.
HOUO3:9804b -24'
D. It is recognized that two of the Pending Appeals relate to deferred
accounting, and those appeals will not be dismissed under this Agreement. If as a result of those
appeals it is finally determined that HL&P's STP Deferrals balance as of December 31, 1993
should be reduced, then notwithstanding the provisions of paragraphs A and B of this Article X,
such reduction shall be applied prospectively in future proceedings, but will not be applied
retroactively to modify HL&P's rates as approved in this or prior proceedings.
ARTICLE XI.
During the 135 day period commencing on the Date of Execution of this
Agreement, HL&P and the other Signatories shall negotiate in good faith to develop performance
standards to be applied prospectively to HL&P's interest in STP. Other interested parties,
including the parties to Docket No. 12065 and Docket No. 13126, will be allowed to attend but
not to participate in negotiations. However, to the extent any non - Signatory interested parry is
allowed to participate in the negotiations, all non - Signatory interested parties will be allowed to
participate to the same extent. The first meeting will occur within fourteen (14) days after the
Date of Execution. During these negotiations, the parties will consider standards that reflect fuel
costs, operation and maintenance expenses and capital additions. Failure of the parties to agree
on appropriate performance standards for STP will not affect any of the other terms of this
Agreement. Notwithstanding any other provision of this Agreement, if an agreement concerning
performance standards is not reached within that 135 day period, then the parties are free to
pursue any available remedy. If some or all parties are able to reach an agreement on
HOUO3.98046 -25-
•
performance standards, those parties will support a docketed proceeding requesting PUC approval
of those standards. Any party with a justiciable interest may seek to intervene in the docket to
adopt performance standards.
ARTICLE XII.
VIUMMI 15"1
HL&P shall have the right to write -down a portion of its investment in STP, but
may not write -up any other assets to offset such a write -down. For purposes of earnings
monitoring and any Section 42 proceeding during the five year period commencing January 1,
1995, the Signatories agree that any write -down, up to $50 million in any one calendar year, will
be treated as a reasonable and necessary expense. For purposes of each earnings monitoring
report and any Section 42 proceeding, whether during or after that five year period, and each
future Section 43 proceeding, the portion of HL&P's rate base attributable to its investment in
STP shall be reduced by the amount of the write - downs, if any, actually taken by HL&P. HL&P
will not use a write -down to justify a Section 43 rate increase filing. Should HL&P file a Section
43 proceeding requesting cost of service treatment of any write -down, the parties will be free to
take any position as to whether such write -down was a reasonable and necessary expense.
ARTICLE XIII.
A. For the period from January 1, 1995 through the effective date of HL &P's
next base rate change pursuant to PURA Sections 43 or 42, HL&P will continue to use the
i
depreciation. rates approved in Docket No. 9850.
HOUO3:98046 -26-
E
B. The Signatories agree that HL&P shall maintain its accumulated nuclear
production plant depreciation accounts on a "per unit" basis, instead of a "plant" basis. This is
similar to the manner in which HL&P maintains its Plant in Service (Schedule D -4)
C. The Signatories agree that HL&P shall accrue decommissioning expenses
for its interest in STP at the rate of $14,828,815 per year. Such decommissioning expenses shall
be recognized as a reasonable and necessary expense in any Section 42 proceeding or earnings
monitoring evaluation initiated during the Rate Cap Period, and during such period, no Signatory
shall contest inclusion of such amounts in HL&P's cost of service.
D. For purposes of calculating AFUDC on nuclear fuel in process, the
Signatories agree that test year end balance for account 120.1 of $4,982,654 is assumed to be
included in rate base in this docket. Such inclusion shall not prejudice any claims a parry may
make regarding such balance in future proceedings.
E. HL&P's cost of service includes $21,967,612 of Post - retirement Benefits
Other than Pension (FASB 106) expense on a full accrual basis in accordance with Generally
Accepted Accounting Principles (GAAP) and PUC Substantive Rule 23.21(b)(1)(H). HL&P's
cost of service includes Post Employment Benefits (FASB 112) expense on a full accrual basis in
accordance with GAA.P. HL&P will comply with funding requirements of the Commission's
Substantive Rules, and will notify Signatories when funding commences.
F. All rate case expenses associated with Docket No. 12065, Docket No.
13126 and municipal rate proceedings will be deferred and fully amortized over the three year
period beginning January 1, 1995.
H0003 .98046 -27-
G. HL&P agrees that it will change the accounting method for gas inventory
from LIFO to average cost by December 31, 1995.
H. HL &P's cost of service includes the restoration of the deficiency in
unprotected deferred taxes over a 10 year period, which deficiency is $9,909,946 as of January
1, 1995.
I. HL&P agrees it will compare its coal and lignite inventory determination
methodology with an appropriate software package prior to its next Section 43 base rate increase
filing.
ARTICLE XIV.
MT MWITIFIGIM row GMT, 17-41
A. HL&P currently sponsors a program ( "SHARE ") of customer and
shareholder contributions to certain disadvantaged customers. HL&P agrees that it will continue
to contribute not less than $1.5 million to SHARE during each year of the Rate Cap Period. The
Signatories agree that the SHARE expense will be excluded from cost of service for all purposes
during the Rate Cap Period. The Signatories also agree that they are free to advocate any
ratemaking treatment of the SHARE expenses after the Rate Cap Period is over.
B. HL&P will fund a total of up to $62,000 for design experts specializing in
low income program design.
1. HL&P will fund up to $37,000 (from the $62,000 total) for design experts
to assist in the design of cost effective low income DSM programs ( "DSM Consultant "). The
• DSM Consultant must be mutually agreeable to HL&P and Low Income Intervenors. HL&P will
HOUO3:9&46 "28-
0
work cooperatively with the DSM Consultant and provide necessary assistance to the DSM
Consultant such as data gathering, program design and benefit cost evaluation. The DSM
Consultant will be selected within 60 days of the 12065 Final Order Date. The low income DSM
programs developed by the DSM Consultant will be filed at the PUC within 180 days after
selection of the DSM Consultant. A public meeting will be scheduled in HL&P's service area to
present the findings of the DSM Consultant, to receive input and to respond to questions. HL&P
will in good faith consider the programs developed from this effort for possible implementation.
2. HL&P will fund up to $44,000 (from the $62,000 total) during the Rate Cap
Period, with up to $22,000 being funded during the first year, for a low- income rate design expert
to be selected by Low income Intervenors ( "Rate Design Expert "). The Rate Design Expert will
be selected by the Low Income Intervenors within 30 days after the 12065 Final Order Date and
will assist in monitoring the Balanced Billing Pilot Program and assist in designing and monitoring
the Shadow Program described below.
a. HL&P will implement and monitor a Balanced Billing Pilot Program
for a targeted group of between 1,500 - 3,000 customers identified as low income unless a lower
number is otherwise agreed upon between the Rate Design Expert and HL&P. The program will
follow the design and schedule of HL&P's existing Balanced Billing Program with some
modifications to the guidelines and qualifying criteria agreed upon by HL&P and the Rate Design
Expert. A control group agreed upon between HL&P and the Rate Design Expert will be
established and monitored to assess the effectiveness of the program.
HOLIU98046 -29-
b. The Balanced Billing Pilot Program will be mirrored with a Shadow
Program designed by the Rate Design Expert and HL&P. The Shadow Program will collect
information for a targeted group of between 1,500 - 3,000 customers, unless a lower number is
otherwise agreed upon between the Rate Design Expert and HL&P. The Shadow Program will
compare the payments of electric bills of participants to the amounts that would have been
received by HL&P under a Direct Payment Section 8 Utility Allowance Program. HL&P agrees
to work with the Rate Design Expert and provide nonconfidential information from the program
to the Rate Design Expert. HL&P will perform appropriate and reasonable data gathering and
cost effectiveness screening of the program.
C. The Balanced Billing Pilot and Shadow Programs will be developed
within 60 days after the 12065 Final Order Date. The program will be implemented within 90
days after the 12065 Final Order Date. HL&P will file the results of the programs with the
Commission at the end of the three year pilot period.
C. HL&P will establish an Earned Income Tax Credit Utility Outreach program
for the Rate Cap Period, in partnership with the Internal Revenue Service and the Volunteer
Income Tax Assistance Program (IRS /VITA). Under this program, HL&P will provide
information in several languages on the earned income tax credit to customers through various
outlets targeting low income customers, including customer mailings (bill inserts) to all residential
customers at least twice a year during December and January (or those months determined most
• appropriate by IRS/VITA).
HOUO3.98046 -30-
•
activities:
ARTICLE XV.
RNI=41104 MW
HL &P agrees to undertake the following Demand Side Management ( "DSM ")
1. HL&P will publicly announce the DSM Solicitation Short List of bidders
within 60 days after the 12065 Final Order Date, or as soon as the Short
List is available.
2. HL&P will meet with the PUC Staff and other interested parties within 60
days after the 12065 Final Order Date to review HL&P's current DSM
evaluation plan and activities. HL&P will take input from the parties and
file a revised plan, if necessary, at a date agreed upon by the parties.
HL&P will share information with the parties regarding its future DSM
evaluation Request for Proposals.
3. HL&P will modify its Cool Storage Program beginning in 1996 to require
new participants to obtain an energy audit of their facility. The participants
may choose who will conduct the audit.
4. HL &P will continue to modify its Good Cents New Home program to
reduce incentives for structural improvements. Within 180 days after the
12065 Final Order Date, HL&P will propose a plan to move the program
toward a home rating system and will share its findings with the PUC Staff
0
HOUO3:98046 -31-
•
0
and other interested parties and obtain input from the PUC Staff and those
parties.
5. HL&P will modify its residential walk - through audit program beginning in
1996 to provide water heater wraps and low flow showerheads or
showerhead flow restrictors to interested participants who have electric
water heating
6. HL &P will provide to the PUC Staff and other interested parties the
information it has available (such as demographic and awareness data) on
the Energy - Efficiency- Environment program including the Our House TV
series.
7. HL&P recognizes the potential for DSM in the commercial and industrial
market sector and intends to pursue cost - effective energy and demand
reductions in these sectors through its current solicitation, future
solicitations and, possibly, other appropriate mechanisms.
8. HL&P will meet on an informal basis with the PUC Staff and other
interested parties twice a year (or as otherwise agreed to by the parties) to
provide a review and consider input on DSM activities and issues. The
first meeting will occur within 60 days after the 12065 Final Order Date.
HOUO3 98N6 -32-
•
ARTICLE XVI.
Additional Tariff Matters and Studies
A. HL&P will file the following experimental real time pricing tariffs:
1. Within 180 days after the 12065 Final Order Date, HL&P shall file
an experimental Real Time Pricing tariff for the LOS rate classes
with all regulatory authorities having rate jurisdiction.
2. Within 180 days after the 12065 Final Order Date, HL&P shall file
an experimental Real Time Pricing tariff for the commercial rate
classes (LGS and MGS) with all regulatory authorities having rate
jurisdiction.
3. Within 30 days after the 12065 Final Order Date, HL&P shall file
an experimental Real Time Pricing tariff for the residential rate
class with all regulatory authorities having rate jurisdiction.
As part of HL&P's experimental real time pricing proposals, HL&P will not increase base rate
revenues or increase Base Rate Unit Charges for non - experimental tariffs as reflected in the Tariff
for Electric Service attached hereto as Appendix D. Nothing herein shall be construed to require
any Signatory to support any of the experimental real time pricing tariff filings or to prejudice any
argument a parry may wish to make in favor of, or opposition to, such filings. Moreover, nothing
herein will restrict any Signatory's rights to make any claims or arguments regarding the
• m
experimental real time pricing tariffs (for example the rateaking treatment of any revenue shifts
HOUO3:98W -33-
0
or revenue shortfalls due to the experimental real -time pricing tariff) at the time of HL&P's next
Section 42 or Section 43 rate proceeding.
B. HL&P agrees to provide interruptible customers who have multiple facilities
taking interruptible service with appropriate operational flexibility for complying with requested
curtailments. Within 60 days after the Date of Execution of this Agreement, HL&P will negotiate
in good faith with interested interruptible customers to develop specific procedures for achieving
such flexibility. These procedures will be developed within the guidelines of HL&P's current
interruptible tariffs.
C. HL&P is currently studying potential control area services. HL&P will
complete the study by December 31, 1995 and, upon such completion, provide copies of that
study to all intervenors.
ARTICLE XVII.
A. Within seven (7) days after the later of (i) the Date of Execution or
(ii) receipt of an invoice detailing all rate case expenses incurred to such Date of Execution,
HL&P will pay to each signatory coalition an amount equal to all rate case expenses incurred to
the Date of Execution including expenses incurred in Docket No. 12065, Docket No. 13126 and
in any municipal rate proceedings. HL&P will also reimburse all reasonable rate case expenses
related exclusively to any pending or to be initiated municipal rate proceeding listed on Appendix
B through the date that such municipalities take fugal action in those proceedings. To the extent
that any cost incurred to the applicable cut -off date is not known at the time a municipality submits
HOUO3:98O46 -34-
0
•
its initial invoice, the municipality may submit an additional invoice to recover such costs.
HL&P, without prior Commission approval, will also reimburse up to $10,000 of additional rate
case expenses actually incurred in Docket No. 12065 and Docket No. 13126. If the expenses
incurred by a signatory coalition in Docket No. 12065 and Docket No. 13126 after the Date of
Execution exceed $10,000, HL&P will reimburse such expenses after a finding by the
Commission that the expenses were reasonable. HL&P shall not oppose any request of a
signatory coalition for reimbursement of such excess post - execution expenses.
B. For the purpose of participating in the negotiation of STP Performance
Standards pursuant to Article XI during the 135 days after the Date of Execution of this
Agreement, the Gulf Coast Coalition of Cities and the Coalition of Cities will form a joint
coalition. The leadership team for this joint coalition will be composed of the City of Houston,
GDS Associates Inc. and Wickliff and Hall on behalf of the Coalition of Cities, and the City of
Friendswood and the Law Offices of Robert A. Rima on behalf of the Gulf Coast Coalition of
Cities.
HL &P, without prior Commission approval, will reimburse up to $50,000 of
additional expenses that are related to the joint coalition's participation in the negotiations for
development of STP performance standards and are actually incurred during the 135 day period
provided in Article XI for those negotiations. These expenses will be deemed rate case expenses.
HOUO3:98046 -35-
•
ARTICLE XVIII.
It is recognized that HL&P and various other parties have filed the Pending Appeals
all of which relate to Commission orders in other HL&P dockets. As described in this Article
XVIII, this Agreement resolves certain issues that have been raised by the Signatories in the
following Pending Appeals: Docket No. 6668 appeals initially filed by HL&P, the Office of
Public Utility Counsel (OPC) and the City of Houston and Coalition of Cities [but not the appeal
of that same order filed by the Cities for Fair Utility Rates ( "CFUR ")]; Docket No. 8230 and
9010 appeals originally filed by OPC (but not appeals of those same orders filed by the State of
Texas); Docket No. 9850 appeal originally filed by OPC; and Docket No. 10092 appeal originally
filed by HL&P (such appeals are referred to jointly as "Resolved Appeals "). Within 10 days after
the date of execution of this Agreement, all Signatories who are parties to any of the Resolved
Appeals shall jointly notify the court in which the appeal is now pending that, subject to
Commission action on this Agreement, the issues raised in the Resolved Appeals have been
resolved in favor of upholding the Commission's order. Such notice shall request that further
action on the appeal be delayed pending Commission consideration of the Agreement, and confirm
the Signatories' intention to file appropriate motions with the court, following Commission
approval, seeking affirmance of the Commission's order as to all issues raised by the Signatories.
Subject to qualifications set out below, within 10 days after the 12065 Final Order
Date, the Signatory Parties who are parties to the Resolved Appeals shall file appropriate motions
• with each appellate court to affirm the applicable Commission order as to issues raised by the
HOliO3.98046 -36-
•
Signatories (other than the State of Texas, if it is a Signatory), and to dismiss with prejudice each
of the pending appeals brought by any one of the Signatories (other than the State of Texas, if it
is a Signatory). The precise form of the motions shall be tailored to each case, but will be
substantially as described below with respect to each Signatory and proceeding:
1. In Docket No. 9850, now pending in the Austin Court of Appeals on
remand from the Texas Supreme Court, OPC agrees to dismiss and
withdraw any points attacking the Commission's order, and to request that
the judgment of the District Court affirming the Commission's order be
affirmed in all respects;
2. In Docket No. 823019010, now pending on remand in the Austin Court of
Appeals, OPC agrees to withdraw and dismiss such of its arguments, if
any, as remain pending questioning the validity of the Commission's order,
and request that as to the issues originally raised by OPC [but not issues
raised by the State of Texas] the judgment of the District Court affirming
the Commission's order be affirmed in all respects;
3. In Docket No. 6668, OPC, HL&P and the City of Houston each agree to
dismiss their respective appeals pending in the District Court with
prejudice, and request that the order of the Commission be affirmed;
4. HL&P agrees to dismiss with prejudice its appeal from the Commission's
order in Docket No. 10092 and request that the Commission's order be
is affirmed .
H0003:98046 -37-
u
It is recognized that the Resolved Appeals do not include appeals filed by CFUR
in Docket Nos. 6668 and 8425 and by the State of Texas in Docket Nos. 8230/9010 and 8425.
Signatories with appeals (other than the State of Texas, if it is a Signatory) shall make good faith
efforts to cause CFUR and the State of Texas to similarly file to dismiss with prejudice their
Pending Appeals of Commission orders in prior HL&P dockets and seek affirmance of the
Commission's order. If CFUR does not agree to dismiss its appeal in Docket No. 6668, HL&P
shall have the right to maintain its appeal of the Commission's order in Docket No. 6668.
However, if HL&P elects to maintain that appeal, then prior to the deadline for filing to dismiss,
HL &P shall provide each Signatory with Resolved Appeals notice that HL&P will maintain its
Docket No. 6668 Appeal. If HL&P elects to maintain the Docket No. 6668 Appeal, all
Signatories will have the right, but not the obligation, to maintain any, or all, of its Resolved
Appeals. However, if HL&P subsequently dismisses the Docket No. 6668 Appeal, each
Signatory that maintained a Resolved Appeal shall simultaneously dismiss each of its appeals.
ARTICLE XIX.
Signatories represent that they have reached no agreements or understandings
concerning this rate case other than as set forth in this Agreement or disclosed to the parties in
Docket No. 12065 prior to the Date of Execution either with HL&P or with any other entity. If
prior to the 12065 Final Order, any Signatory enters into any other agreements for the purpose
of settling and compromising Docket No. 12065, Docket No. 13126 or any municipal rate
• proceedings related thereto, other than as set forth in this Agreement, then each component of the
HOUO3 :98046 -38-
•
consideration granted by any Signatory shall be made known immediately to all Signatories; and
any Signatory may in that Signatory's discretion freely withdraw from this Agreement and request
reopening of hearings on the merits of the settlement. The terms of this article will also be
applicable to Pending Appeals of past Commission proceedings involving HL&P, including
appeals related to Commission Docket Nos. 8230/9010, 6668, 8425, 9850 and 10092. The above
provisions notwithstanding, if HL&P voluntarily or by order of the Commission reimburses a
municipality for reasonable expenses incurred in participating in either Docket Nos. 12065 or
13126 or any appeals of Commission rate proceedings, then such reimbursement shall be made
known to all Signatories but shall not permit any Signatory to withdraw from this Agreement.
This Article was agreed to by the Signatories as part of the overall consideration for other
provisions of this Agreement. It is based upon the unique conditions underlying this Agreement.
Its inclusion in this Agreement shall not be cited by any entity as a recognition that the provisions
of this paragraph would be appropriate or that these provisions are more appropriate than other
types of disclosure or preferential treatment provisions in any other proceeding involving the same
or different parties.
ARTICLE XX.
• 1.
A. The Signatories after extensive negotiations have reached a compromise and
settlement to resolve Docket No. 12065, Docket No. 13126 as it relates to HL&P and Section 42
proceedings initiated by municipalities with regulatory jurisdiction over HL&P's rates and other
• matters discussed herein. Signatories state that this Agreement is in the public interest and shall
H0003:98W -39-
•
urge the Commission to approve and accept the provisions of this Agreement and to adopt a 12065
Final Order consistent with all the terms hereof. If the Commission does not adopt a 12065 Final
Order consistent with all the terms of this Agreement, neither oral and written statements made
during the course of the settlement negotiations nor the terms of this Agreement may be used as
an admission or concession of any sort or as evidence in Docket No. 12065 or any other
proceeding.
B. This Agreement reflects a compromise, settlement and accommodation
among Signatories, and all Signatories agree that the terms and conditions herein are
interdependent.. If the Commission does not accept this Agreement as presented and enters an
order inconsistent with any material terms of this Agreement, the Signatories agree that any
Signatory has the right to withdraw from this Agreement, proceed to hearings on all issues and
present evidence. It is specifically recognized that the Signatories, except for HL&P, will not
submit pre -filed testimony regarding the merits of the Agreement and will forego cross-
examination of the testimony that is submitted in support of the Agreement; provided, however,
that any Signatory may submit rebuttal testimony in support of the cost allocation and rate design
under this Agreement if the cost allocation and rate design is contested by a non - Signatory. If this
Agreement is not accepted, the Signatories agree to acknowledge each other's right, and to further
confirm by oral or written statement to the Presiding Officer or Commission, the agreement of
the Signatories to allow each other to proceed with a full hearing, to present evidence, and to
• cross - examine witnesses.
HOUO3:98046 -40-
E
C. This Agreement is binding on each of the Signatories only for the purpose
of settling the issues herein and for no other purpose. Specifically, by entering this Agreement,
no party admits to any wrongdoing, or the absence of wrongdoing, imprudence or prudence,
unreasonableness or reasonableness of any expenses, capital expenditures or rate design or
otherwise admits any liability; and no Signatory agrees to the propriety of any ratemaking theory
or principle that may be said to underlie any of the issues resolved by this Agreement. The
matters resolved herein are resolved on the basis of a compromise and settlement. Except to the
extent that this Agreement expressly governs Signatories' rights and obligations for future periods,
this Agreement shall not be binding or precedential upon such Signatories outside of this case.
It is acknowledged that a Signatory's support of the matters contained in this Agreement may
differ from its position or testimony in other dockets. To the extent that there is a difference, the
Signatories are not waiving their position in other dockets. Because this is a stipulated agreement,
the Signatories are under no obligation to take the same positions as set out in this Agreement in
other dockets whether those dockets present the same or a different set of circumstances.
D. Signatories recognize that a 12055 Final Order consistent with this
Agreement must determine that the Appendix D rates and other provisions of this Agreement are
supported by record evidence satisfying the requirements of the Public Utility Regulatory Act.
To support the foregoing, HL&P shall prepare, file and defend appropriate testimony and
supporting schedules. HL&P and any Signatory submitting rebuttal testimony under paragraph B
of this Article XX will consult with other Signatories before making its filing. Signatories shall
• support such testimony solely as a compromise and not as acquiescence in any ratemaking
HOUO3:98046 1
•
0
principle, valuation methodology, method of cost -of- service determination, method of revenue
calculation, or cost allocation or rate design principle underlying such testimony or underlying
the provisions and agreements contained in this Agreement or the attachments hereto. Any and
all exhibits and testimony to be submitted in support of this Agreement will be offered for the
limited purpose of supporting this Agreement. In the event any exhibits or testimony are admitted
in this proceeding or in any other proceeding for any other purpose, then Signatories reserve their
Ml rights to challenge such exhibits and testimony, including objections to admission, rights to
file rebuttal testimony and the right of cross - examination.
E. The titles assigned to each Article are for convenience only, are not part of
this Agreement and shall not be considered in the resolution of any dispute or question arising
with respect to this Agreement.
F. Execution of this Agreement by representatives of a municipality constitutes
a commitment to seek approval of the Agreement by the governing body of the municipality but
shall not bind the municipality until it has been approved by that governing body.
G. Each person executing this Agreement represents that (s)he is authorized
to sign this Agreement on behalf of the parry represented. Facsimile copies of signatures are valid
for purposes of evidencing an Agreement.
H. References to Sections of PURA are to those sections in effect at the Date
of Execution of this Agreement.
HO003.9996
I. This Agreement may be executed in multiple counterparts.
-t2-
s
0
S/-
Signed this �1 day of
February, 1995
Signed thisZ4day of
February, 1995
Signed this g)iray of
February, 1995
H0003:98046
David M. McClanahan
Group Vice - President -- Finance and Regulatory
Relations
HOUSTON LIGHTING & POWER COMPANY
1.
Thomas Brocato
Assistant General Counsel
PUBLIC UTILITY COMMISSION OF TEXAS
TEXAS
OF
The Office of Public Utility Counsel is signing to
indicate that it does not oppose entry of an order
consistent with the Agreement because, taken as a
whole the document resolves the issues in a manner
that is consistent with the public interest.
-43-
•
Signed this,21!�day of
February, 1995
Alton Hall
Wickliff & Hall
Attorney for CITY OF HOUSTON and
COALITION OF CITIES (consisting of Baytown,
Bellaire, Brookshire, Brookside Village, Clute, Deer
Park, El Lago, Fulshear, Galveston, Houston,
LaPorte, Meadows, Pasadena, Santa Fe, Seabrook,
Surfside Beach, Thompson, Webster, West University
Place)
Signed this& day of v
February, 1995 ~'
Robert A. Rima
Law Offices of Robert A. Rima
Attorney for GULF COAST COALITION OF
CITIES (consisting of Alvin, Bunker Hill
Village, Dickinson, Friendswood, Jersey Village,
La Marque, Missouri City, Oak Ridge North, Sealy,
Simonton, Spring Valley, Stafford)
Signed thisr�4-tray of
February, 1995
Jo than Day
r, Day, Caldwell & Keeton
Attorney for TEXAS INDUSTRIAL ENERGY
CONSUMERS
Signed this _ day of
February, 1995
Richard Noland
Sutherland, Asbill & Brennan
Attorney for OCCIDENTAL CHEMICAL
CORPORATION
HO ti 03.98046 -44-
•
•
02/21'95 19 :13 $5124693351 S•a&B .AUSTIN
Signed this _ day of
February, 1995
Signed this _ day of
February,-1995
Signed this _____ day of
February, 1995
Signed this day of
February. 1,995
2.0 . d
2002
Alma Hall
Wickuff & Hell
Attorney for CITY OF HOUSTON and
COALMON OF CTTISS (consisring of Baytown,
Bellaire, Brookshire. Brookside Village, Clum, Deer
Paris, El Ingo, fulshcar, Galveston, Houston,
La Porre, Meadows, Pasadena, Santa Fc, Scabrook,
Slx&ide Beach, Thom sons. Webster, West University
Flare)
- RoberF A. Rima
Law Offi= of Robert A. R na
Atrorney for GULF COAST COAIJTION OF
CTM (consisting of Alvin, Bunker IFill
Village, Dickiu=, Friendswood, Jersey Village,
La Marque, Nf sotu City,. Oak Ridge North, Sealy.
Simonton, Spring Valley, Stafford)
Jotrathan Day
Mayor. Day, Caldwell & K=on
Attorney for TEXAS iNDUSTREAL ENERGY
CONSULS
Atromey for OCCIDENTAL caBuCAL
CORPORATION
EV ;91 S66T —TZ —F7:;4
•
C�
Signed this _ day of
February, 1995
James E. Miller
DESTEC ENERGY, INC.
Signed this _ day of
February, 1995
Marianne Carroll
Akin, Gump, Strauss, Hauer & Feld
Attorney for CLEAR LAKE COGENERATION
LIMITED PARTNERSHIP
Signed this _ day of
February, 1995
Paul W. Phillips
DEPARTMENT OF ENERGY
Signed this &kfday of n •
February, 1995 �tJ
Tony D. Voliams
TEXAS COTTON GINNERS' ASSOCIATION
Signed this 2/ day of
February, 1995
Michael G. Shirley
Jenkens & Gilchrist, P.C.
Attorney for TEXAS -NEW MEXICO POWER
COMPANY
HO UO3.98046 -45-
•
0
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
HOUO3.98046
Richard M. McElvaney, Jr.
Gulf Coast Legal Foundation
Attorney for LOW INCOME INTERVENORS
�homas S. Hunter �-
Foster & Hunter, L.L.P.
Attorney for RETAIL MERCHANTS
ASSOCIATION OF HOUSTON, INC.
Greg Lucero
I.B.E.W. LOCAL NO. 66
Richard A. Muscat
STATE OF TEXAS
Public Agency Representation Section
Don E. Walden
TEXAS RATEPAYERS' ORGANIZATION TO
SAVE ENERGY ( "TEXAS ROSE ")
-46-
•
I
•
`a ay '95 14 ;44'GLL^ COAST LEGAL FAN
F ::)/2'. Lc
Signed tbLV day of
February, 1995
Richard M. McElvaney, Jr.
Gulf Coast Legal Foundation
Atwrney for LOW INCOME INTERVENORS
Signed this -___ day of
February, 1995
Signed this _ day of
Fcbruary, 1995
Signed this , day of
February, 1995
Signed this day of
February, 1995
HOLM:92W
Thomas S. Hunter
Foster & Hunter, L.L.P.
Attorney for RETA3L MERCHANTS
ASSOCIATION OF HOUSTON, INC.
Greg Luccro
I.B.E.W. LOCAL NO. 66
Richard A. Muscat
STATE OF TEXAS
Public Agency Representation Section
Don E. Waldcn
TEXAS RATUAYERS' ORGANIZATION TO
SAVE ENERGY ( "TEXAS ROSE ")
-46-
TOTPL P.02
:7
Signed this day of
February, 1995
Signed this day of
February, 1995
Signed this day of
February, 1995
Signed this day of
February, 1995
Signed this day of
February, 1945
Richard M. McElvaney, Jr.
Gulf Coast Legal Foundation
Attorney for LOW INCOME INTERVENORS
Thomas S. Hunter
Foster & Hunter, L.LP.
Attorney for RFTAIL MERCHANTS
ASSOCIATION OF HOUSTON, INC
f �1
• • • ..
Richard A. Muscat
STATE OF TEXAS
Public Agency Representation Section
Don E. Walden
TEXAS RATEPAYERS' ORGANIZATION TO
SAYE ENERGY ("TEXAS ROSE ")
HOM.98DW13 .4&
0
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
Signed this _ day of
February, 1995
HOL'03:98046
Adan Martinez
ENVIRONMENTAL DEFENSE FUND
Rodney Doerscher
Representing MICHAEL HERSHEY
Kenneth D. Williams
Charles Pace
Representing
ASSOCIATION OF LAID -OFF EMPLOYEES
-47-
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APPENDIX A
Municipalities Whose Rate Ordinances Have Been Appealed
Alvin
Bunker Hill Village
Dickinson
Friendswood
Jersey Village
Lake Jackson
La Marque
Missouri City
Oak Ridge North
Spring Valley
Stafford
H0003 :98046
•
•
Pru
Municipalities With Pending or To Be Initiated
Section 42 Proceedings That Are To Be Appealed
To The Commission and Consolidated
With Docket No. 12065 Pursuant To This Agreement
Baytown
Bellaire
Brookshire
Brookside Village
Clute
Deer Park
El Lago
Fulshear
Galveston
Houston
LaPorte
Meadows
Pasadena
Santa Fe
Seabrook
Simonton
Surfside Beach
Thompsons
Webster
West University Place
HO UO3 MO45
•
APPENDIX C
Purchased
Non - purchased
Power -Base
Power -Base
Rate Reduction $
Rate Reduction $
Total $
(000)
(000)
(000)
Residential
75,164
24,900
100,064
MGS
42,655
23,700
66,355
LGS
32,653
410
33,063
LOS -A
12,168
1,620
13,788
LOS -13
9,308
1,141
10,449
IS-1
0
1
1
IS -10
0
1
1
IS -30
0
121
121
IS -S
0
129
129
TNP
587
1,300
1,887
SPL
277
6,000
6,277'
Wheeling
0
200
200
Standby
0
337
337
Contract Lighting
_ 106
140
246
172,918
60,000
232,918
' HL &P has
agreed to reduce the
SPL class by an additional
$2.2 million. That
$2.2 million,
which is not reflected on this sheet, is reflected in
Appendix D and will
not impact any other classes.
HOUO3:98046
•
TARIFF FOR - ELECTRIC SERVICE
HOUSTON LIGHTING & POWER COMPANY
P.O. BOX 1700
HOUSTON. TEXAS 77251
Copy of tariff, marked received on March 13, 1995, for
electric service is on file with the City Clerk of the
City of Baytown and is incorporated by reference herein
for all intents and purposes.
is
• APPENDIX E
HOUSTON LIGHTING & POWER COMPANY
Summary of Tariff Language Changes
0
Sheet Rate
Language Change
DI RS
CIarify that the MGS rate is not available to a single family dwelling.
D4 LGS
Minimum Kva for LGS reduced from 600 Kva to 400 Kva.
Language added to "Application" section to limit "rate- hopping" to avoid
ratchets.
D7 ERS
Tariff deleted.
D7.5 EIS
Minimum Kva for EIS reduced from 600 Kva to 400 Kva.
Minimum combined LGS and EIS demands reduced from 850 Kva to
650 Kva.
Changed some charges for distribution level customers to keep a positive
discount compared to LGS.
D9 TNP
Tariff deleted.
D9.5 TNP
Supplemental Kva language removed.
D10 SPL
Delete application and agreement form and incorporate necessary
language into tariff.
Conversion of MV lamps to HPS with no cost to customer as individual
lamps burn out.
Recalculated the monthly kwh for each lamp based upon 4,000 hours of
operation.
Cancellation charges deleted.
D I 1 MLS
Delete application and agreement form and incorporate necessary
language into tariff.
Change name from Contract Lighting Service to Miscellaneous Lighting
Service.
Cancellation charges deleted.
Dig IS -30
Additional language added to "Non - Compliance" section to clarify that
any power taken during times of interruption shall be billed under one of
the Company's firm rate schedules.
Language added to refer to the Administrative Procedures Sheet E27.5.
D13 IS -10
Additional language added to "Non- Compliance" section to clarify that
any power taken during times of interruption shall be billed under one of
the Company's firm rate schedules.
Language added to refer to the Administrative Procedures Sheet E27.5.
D14 IS -1
Additional language added to "Non - Compliance" section to clarify that
any power taken during times of interruption shall be billed under one of
the Company's firm rate schedules.
D18 TWS
Rewrite of TWS rate schedule to improve clarity and make as consistent
as possible with rate schedules PCW and ACW.
Page 1 of 3
• APPENDIX E
HOUSTON LIGHTING & POWER COMPANY
Summary of Tariff Language Changes
•
Sheet
Rate
Language Change
D19
PCW
Language refinements to clarify tariff.
D20
ACW
Language refinements to clarify tariff.
D20.5
HWS
New experimental tariff for hourly wheeling transactions.
D21
SES
Change notification period to 48 hours or 4 p.m. of next business day
following the taking of standby service.
D24
FC
Lower fuel charges.
D24.5
GLTC
Expanded applicability to include continuously operating traffic signal
lights.
D25
PCRF
Modified calculation to adjust for changes in customer mix since last
general rate case and to minimize over /under recovery of PCRF
expenses.
D25.5
HB 11
Tariff deleted.
D32
SBI
Additional language added to "Non- Compliance" section to clarify that
any power taken during times of interruption shall be billed under one of
the Company's firm rate schedules.
D33
CSB
Minimum Kva for LGS CSB reduced from 600 Kva to 400 Kva.
Modified indemnity language to conform to language in Terms and
Conditions.
El
Terms & Conditions
Added language to ensure the Company's right to lock meter cans and
maintain meter connections.
Modified indemnity language.
E4
Terms & Conditions for
Modified to include TWS.
TWS, PCW, ACW
Modified indemnity language.
E4.5
Terms & Conditions for
New Terms & Conditions for the experimental Hourly Wheeling Service.
HWS (Experimental)
E5
Terms & Conditions for
Modified to incorporate the deletion of the contract for SPL and MLS.
Lighting Service
Modified indemnity language.
E7
Application & Agreement
Clarify minimum bill is applied to substituted agreements.
for MGS & LGS
E8
Application & Agreement
Clarify minimum bill is applied to substituted agreements.
for LOS
E9
Application & Agreement
Deleted.
for ER.S
Page 2 of 3
0
•
APPENDIX E
HOUSTON LIGHTING & POWER COMPANY
Summary of Tariff Language Changes
Sheet
Rate
Language Change
E10
Application & Agreement
Clarify minimum bill is applied to substituted agreements.
for IS -30
E14
Application & Agreement
Modification of form for clarification and consistency.
for TWS, PCW, & ACW
Modified to include TWS.
E14.5
Application & Agreement
New Application and Agreement form for experimental hourly wheeling
for HWS (Experimental)
transactions.
E16
Application & Agreement
Deleted.
for SPL -OH
E17
Application & Agreement
Deleted.
for SPL -UG
E18
Application & Agreement
Deleted.
for CLS
E20
Service Extension Policy
Changed the SPL policy for municipal residential lighting additions
served by underground conductors to the greater of 50 lamps or 6% of
previous year's street lighting count.
Specified that a portion of the municipal residential lighting additions car
be used for commercial lighting if customer pays the additional cost.
Eliminated the language which combined certain lamps into one group
for purposes of the previous year's lamp count.
Incorporated former contract language into service extension SPL policy.
Added language which specifies the cost for removing street lights when
requested by the customer.
Changed CLS reference to MLS.
E24
Billing Policy
Revised to reflect a change in the law.
Added language to specify that if the past due date falls on a weekend or
holiday, the due date will be the next work day.
E27.5
Administrative Procedures
Added to clarify HL&P's policy for IS administration.
for IS -30 and IS -10
Page 3 of 3
•
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APPENDIX_ F
PENDING HL &P APPELLATE PROCEEDINGS
RELATED TO COMMISSION ORDERS
1. Commission Docket No. 6668: Houston Lighting & Power Co. v. Public Util. Comm'n, In
the 250th Judicial District of Travis County; No. 492 -003, on remand from The Supreme
Court of Texas; No. D -3661
2. Commission Docket No. 8230/9010: Public Util. Comm'n and Central Power and Light Co.
v. State of Texas and Office of Public Util. Counsel, In the Third Court of Appeals at Austin;
No. 03- 90- 00259 -CV, on remand from The Supreme Court of Texas; No. D -3154;
consolidated with Public Util. Comm'n and Houston Lighting & Power Co. v. State of Texas
and Office of Public Util. Counsel, In the Third Court of Appeals at Austin; No. 03-90 -
00260-CV, on remand from The Supreme Court of Texas; No. D -3155.
3. Commission Docket No. 8425: Houston Lighting & Power Co. v. Cities for Fair Util. Rates
and The State of Texas, In the Supreme Court of Texas; No. 94 -1237, Application for Writ
of Error from The Third Court of Appeals at Austin; No. 03- 93- 71 -CV.
4. Commission Docket No. 9850: Office of Public Util. Counsel v. Public Util. Comm'n of
Texas and Houston Lighting & Power Co., In the Third Court of Appeals at Austin; No. 03-
92- 000518 -CV, on remand from The Supreme Court of Texas.
5. Commission Docket No. 10092: Houston Lighting & Power Co. v. Public Utility Comm'n
. of Texas, In the 200th Judicial District of Travis County; No. 92 -05566.
HODU98046
•
HOUO3:48046
Allocation of Reduction Provided in Paragraph A of Article VII
REDUCTION $
RS $21,481,984.46
MGS -D $17,689,844.91
MGS -T
$26,214.87
LGS -D
$13,311,067.58
LGS -T
$164,409.03
LOS -A
LOS -B
TNP
SPL
CLS
ERS -D
ERS -T
IS -30
SES -D
SES -T
TOTAL
$7,306,898.87
$5,746,969.75
$97,196.25
$188,975.92
$61,527.13
$159,119.43
$2,711,201.64
$754,865.38
$21,786.34
$277,938.43