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CC Resolution No. 1792 44 RESOLUTION NO. 1792 A RESOLUTION OF THE CITY OF BAYTOWN, TEXAS, PERTAINING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC'S COST OF SERVICE RATE FILING PENDING AS PUC DOCKET NO. 32093 AND RELATED PROCEEDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, on December 1, 2005, the Staff of the Public Utility Commission of Texas ("Commission") filed a petition to inquire into the reasonableness of the rates being charged by CenterPoint Energy Houston Electric, LLP ("CenterPoint Energy Houston"); and WHEREAS, on December 16, 2005, the Commission ordered CenterPoint Energy Houston Electric, LLC to submit a rate filing by April 15, 2006, for its transmission and distribution utility operations ("CenterPoint TDU") to allow the Commission to assure rates, operations and services that are just and reasonable to the CenterPoint TDU and to the ratepayers; and WHEREAS, in response to the Commission's order, CenterPoint Energy Houston submitted a rate filing package on April 14, 2006, in the proceedings pending under PUC Docket No. 32093; and WHEREAS, any rate changes ordered by the Commission in the proceedings could affect CenterPoint Energy Houston's rates for wholesale electric transmission customers and for transmission and distribution services to competitive retailers such as retail electric providers, municipalities and electric cooperatives serving end-use retail electric customers in CenterPoint Energy Houston's certificated service territory and may affect the retail electric customers of those competitive retailers depending on whether and how the competitive retailers choose to pass along to their retail electric customers those changed rates; and WHEREAS, the Commission referred the proceedings to the State Office of Administrative Hearings (SOAH) on April 18, 2006, requesting the assignment of an Administrative Law Judge to conduct a hearing and issue a proposal for decision to the Commission if necessary; and WHEREAS, the deadline for the Commission to rule on the proceedings is October 16, 2006, 185 days after April 14, 2006, the date on which CenterPoint Energy Houston submitted its rate filing; and WHEREAS, certain municipalities have indicated their desire to join with the City of Houston in a coalition of cities interested in the conduct of the Proceedings and to authorize the coalition to intervene on behalf of the participating municipalities therein; and WHEREAS, interested parties must seek party status to comply with the Intervention Deadline to be set in the Proceedings; and 45 WHEREAS, City Council has determined that it is in the best interest of the City of Baytown that the City of Baytown intervene in the Proceedings to represent the City's interests; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the facts recited in the preamble hereto are hereby found to be true and correct and are hereby incorporated herein. Section 2: That the City is hereby authorized to assist in the organization of and to join in a coalition of municipalities and other parties having similar interests in the Proceedings. Section 3: That the City is hereby authorized to intervene in the Proceedings, either as a member of the coalition or otherwise, and to take legal and other actions as a party in the Proceedings affecting rates and services provided by the companies throughout the State of Texas, including the City of Baytown, Texas. Section 4: That the City Attorney or the City Attorney and such outside counsel as the Coalition may select, shall represent the City in all of the Proceedings and are hereby authorized to take all legal and other actions necessary to forward the interests of the City in the Proceedings and all matters related to such Proceedings, including without limitation any hearings, conferences, negotiations and related Proceedings. Section 5: 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 1 Ith day of May, 2006. � CALVIN MUNDINGER, May �T�E� LORRI COODY, ity Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., i Attorney R:\Karen\Files\City Council\Resolutions\2006Way I I\RESOLUTN.DOC R:\KarenTiles\City Counc&Reso[ulions\2006\May 11\RESOLUTN.DOC —2—