CC Resolution No. 2000 - Suspension of Effective Date CenterPt Entex - Rates,Tariffs,Schedules RESOLUTION NO.2000
A RESOLUTION OF THE CITY OF BAYTOWN.TEXAS.AUTHORIZING THE
SUSPENSION OF THE EFFECTIVE DATE OF THE RATES,SCHEDULES AND
TARIFFS OF CENTER-POINT ENERGY ENTEX FOR NINETY(90)DAYS WITH
REGARD TO THE FILING BY CENTER-POINT GAS WITH THE CITY ON MAY 1,
2009-,REQUIRING CENTERPOINT TO REIMBURSE REASONABLE RATE CASE
EXPENSES:AUTHORIZING A CITY REPRESENTATIVE TO JOIN A COALITION
OF CITIES TO DIRECT EXPERTS AND SPECIAL COUNSEL TO ACT ON THE
CITY'S BEHALF:AUTHORIZING THE RETENTION OF SPECIAL COUNSEL AND
RATE CONSULTANT FIRMS;MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT:AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS,on or about May 1.2009.CenterPoint Energy Entex("CenterPoint Gas")filed a
request to increase gas rates for the Texas Coast Division by approximately$2 million through changes in
rate schedules;and
WHEREAS.the filing was entitled"Cost of Service Adjustment and
\AlI-IEREAS,the changed rate schedules were made with the City for in-city customers and at the
Railroad Commission of Texas for customers located outside municipal boundaries;and
«I-IEREAS,the City has participated as a member of the Texas Coast Utilities Coalition
("TCUC").a coalition of cities located in the service territory of the Texas Coast Division of CenterPoint
Gas;and
WHEREAS,in order to efficiently,meaningfully and comprehensively review the changed rate
schedules filed by CenterPoint Gas it is advantageous for the City,to continue to participate as a member
of the Texas Coast Utilities Coalition:and
WHEREAS,given the knowledge and experience of the rate consultants and special counsel
employed by the Texas Coast Utilities Coalition cities in reviewing the books and records of CenterPoint
Gas in the last general rate case,Docket No.9791.it is advantageous for the City as a member of Texas
Coast Utilities Coalition to continue to retain such firms:and
WHEREAS,CenterPoint Gas designated August 1,2009,as the effective date for the rate
increases reflected in its rate schedules:and
WHEREAS,TCUC,through its consultants,has been examining the books and records of
CenterPoint Gas.but at this point it appears that its review will not be completed by August 1,2009:and
WI IEREAS,under Texas law,the City has the right to suspend the effective date 101'up to ninety
(90)days:NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the statements and findings set out in the preamble to this resolution are
hereby in all things approved and adopted.
Section 2:The effective date for the changes in rate schedules is suspended for ninety(90)
days.The last day of the suspension period would be October 30,2009,but the City may issue a decision
in this matter prior to the expiration of the suspension period.
Section 3:The City,as a member of the Texas Coast Utilities Coalition,continues its
retention of Diversified Utilities Consultants.Inc..and the law firm of Herrera&Boyle.PLLC.to act on
its behalf with regard to matters related to the requested change in rate schedules by CenterPoint Gas.
Section 4:The City will act as a member of the coalition of cities known as the Texas Coast
Utilities Coalition in reviewing the appropriateness of the changes in rate schedules proposed by
CenterPoint Gas.The City Manager and City Attorney or their designees will act as the City's
representatives with regard to directing the activities of the Texas Coast Utilities Coalition.
Section 5:The City orders CenterPoint Gas to reimburse the cost of its reasonable rate case
expenses.The City will have no obligation for payment of any rate case expenses that are not reasonable.
Section 6:Tile City retains its right to withdraw from the coalition of cities at any time
without any financial obligation to the remaining coalition members or to the experts or lawyers hired by
the coalition or its members.
Section 7: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 t City Council of the City of
Baytown.this the 23`d day of July.2009.
ST PHEN DONCARLOS,ayor----"-,-
ATTEST:t,
L TI IA G A,In ri City Clerk rye'
APPROVED AS TO FORM:
,ACIO RAMIREZ,SR..Ci ttomey
RAKarcil ileslCity CouneihResolutionsl2009l1uly 2ATCUCSuspensionResolution.doe
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