CC Resolution No. 12142345
RESOLUTION NO. 1214
A RESOLUTION AUTHORIZING THE CITY OF BAYTOWN TO
PARTICIPATE IN THE COALITION OF CITIES FOR THE PURPOSES
OF INVESTIGATING, EVALUATING, AND PRESENTING EVIDENCE IN
REGARD TO THE RATE PROCEEDING INVOLVING THE RATES OF
HOUSTON LIGHTING & POWER COMPANY; AUTHORIZING, IF
NECESSARY, THE INTERVENTION OF THE COALITION OF CITIES IN
ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF
TEXAS IN CONNECTION WITH THE REVIEW OF THE RATE
PROCEEDING; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF
HOUSTON TO REPRESENT THE COALITION OF CITIES IN ANY
PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE THE
PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE RATES
OF HOUSTON LIGHTING & POWER COMPANY; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, in Examiner's Order No. 22, the Administrative Law
Judge ("ALJ") held that a complaint brought by Kenneth D. Williams,
a residential rate payer served by Houston Lighting & Power Company
( "HL &P"), should proceed to a rate case because there was a
reasonable probability that a material change of condition had
occurred since HL &P's last rate case; and
WHEREAS, the ALJ characterized HL &P's rates as "unreasonable"
and ordered HL &P to file a rate - filing package evidencing the
justness and reasonableness of its existing rates; and
WHEREAS, the City of Houston and other municipalities that are
regulatory authorities having original jurisdiction over parts of
the HL &P service area have entered into a coalition to cooperate in
the rate case; and
WHEREAS, it is in the City of Baytown's ( "City ") best interest
to participate in the rate case through a Coalition of Cities in
HL &P's service area; and
WHEREAS, it is in the City's best interest to participate with
the Coalition of Cities in proceedings before the Public Utility
Commission of Texas ("PUC") concerning HL &P's rates; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The facts and recitation set forth in the preamble
of this Resolution are hereby found to be true and correct.
Section 2: The City Council hereby authorizes the
participation of the City in the Coalition of Cities for the
purposes of: (a) investigating, evaluating, and presenting
evidence in connection with the rate case; (b) participating in any
appellate proceedings before the PUC relating to the rate case; and
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(c) participating in any prefiling discussions concerning the rate
case; (d) participating in any proceeding before the PUC concerning
the rate case.
Section 3: The City Attorney of the City of Houston is hereby
authorized on behalf of the City to represent the Coalition of
Cities in any appellate proceedings before the PUC relating to the
rate case, but only in the event that the rate orders of the City,
the City of Houston, and a majority of other member cities of the
Coalition are appealed by HL &P to the PUC.
Section 4: The City of Houston is hereby authorized on behalf
of the City to represent the Coalition of Cities in any prefiling
discussions and in any proceeding before the PUC concerning the
rate case.
INTRODUCED, READ, AND PASSED by the affirmative vote of the
City Council of the City of Baytown this the 9th day of June, 1994.
PETE C. AL FARO, Mayor
ATTEST:
EILEE14 P.'HALY,, City Clerk
c4a� —" -914
ACIO RAMIREZ, S City Attorney
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