HomeMy WebLinkAboutResolution No. 2004-21 RESOLUTION N0.2004-21
RESOLUTION OF THE CITY OF FRIENDSWOOD AUTHORIZING
INTERVENTION IN THE APPLICATION FOR APPROVAL BY THE
PUBLIC UTILITY COMMISSION OF TEXAS OF THE ACQUISITION
OF TEXAS-NEW MEXICO POWER COMPANY BY PNM RESOURCES;
AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES
TO COORDINATE EFFORTS TO PROTECT MUNICIPAL AND
RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF
ATTORNEYS AND CONSULTANTS; AND REQUIRING
REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS.
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WHEREAS, the City of Friendswood is a regulatory authority under the Public Utility
Regulatory Act ("PURA") and has exclusive original jurisdiction over the rates and services of
Texas-New Mexico Power Company ("TNMP" or "Company") within the municipal boundaries
of the city; and
WHEREAS, T'NP Enterprises, parent of T'NMP and PNM Resources, an energy holding
company of Public Service Company of New Mexico is required by PURA § 14.101 to file an
application with the Public Utility Commission ("PUC") to report the acquisition of TNMP by
PNM Resources; and
WHEREAS, the Public Utility Commission of Texas is required by PURA § 14.101 to
determine, among other things, whether the transaction is in the public interest, and
WHEREAS, the Commission will be considering, among other things, PNM Resources'
quality of service,job retention, and commitment to local communities; and
WHEREAS, the City of Friendswood has an interest in the quality and reliability of
electric transmission and distribution services within its municipal limits, an interest in utility job
retention, and the acquiring utility's commitment to the community; and
WHEREAS, the City of Friendswood desires that just and reasonable electric
transmission and distribution rates be charged to municipal accounts, and businesses and
residential customers within city limits; and
WHEREAS, pursuant to PURA § 33.025, the City of Friendswood has standing to
intervene in PUC proceedings relating to the provision of electric service to the City; and
WHEREAS, the interests of the City of Friendswood and the electric customers residing
within municipal boundaries can be protected most effectively by coordinating with other cities
served by TNMP.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD TEXAS:
Section 1. The City is authorized to intervene in TNMP and PNM Resources' application
to the Public Utility Commission of Texas seeking approval of the acquisition of TNMP by PNM
Resources.
Section 2. The City is authorized to join other cities served by TNMP to coordinate
efforts to protect the interests of the City of Friendswood and protect the interests of TNMP's
customers residing and conducting business within municipal limits.
Section 3. Subject to the right to terminate employment at any time, the City of
Friendswood hereby authorizes the hiring of Steven Porter of the law firm of Lloyd Gosselink
Blevins Rochelle & Townsend, and qualified consultants and witnesses as may be necessary to
review TNMP's filings, to represent the City of Friendswood at the PUC to participate in any
and all settlement discussions that may occur and to prosecute any appeals as directed by the
City.
Section 4. Fees and expenses incurred by the City of Friendswood in TNMP ratemaking
matters related to these proceedings shall be promptly reimbursed by TNMP pursuant to the
Public Utility Regulatory Act.
Signed this 18th day of October 2004. �
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'mball W. Brizendine
Mayor
ATTEST:
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loris McKenzie, T [C
City Secretary
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