HomeMy WebLinkAboutResolution No. 2010-28 RESOLUTION NO. R2010-28
RESOLUTION OF THE CITY OF FRIENDSWOOD
SUSPENDING THE AUGUST 6, 2010, EFFECTIVE DATE
OF CENTERPOINT ENERGY HOUSTON ELECTRIC
LLC'S REQUESTED RATE CHANGE TO PERMIT THE
CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH THE GULF COAST COALITION
OF CITIES; HIRING LLOYD GOSSELINK ATTORNEYS
AND CONSULTING SERVICES TO NEGOTIATE WITH
THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL.
* * * * * * * * *
WHEREAS, on or about June 30, 2010, CenterPoint Energy Houston Electric, LLC
("CenterPoint" or "Company"), pursuant to PURA §§ 33.001 and 36.001 filed with the City of
Friendswood a Statement of Intent to change electric delivery rates in all municipalities
exercising original jurisdiction within its service area effective August 6, 2010; and
WHEREAS, the City of Friendswood is a member of the Gulf Coast Coalition of Cities
("GCCC") and will cooperate with the other similarly situated city members and other city
participants in conducting a review of the Company's application and to hire and direct legal
counsel and consultants to prepare a common response and to negotiate with the Company and
direct any necessary litigation; and
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the
effective date of proposed rate changes for ninety (90) days after the date the rate change would
otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1: That the August 6, 2010 effective date of the rate request submitted by
CenterPoint on or about June 30, 2010, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
Section 2: That the City is authorized to cooperate with the GCCC to coordinate
efforts to protect the interests of the City and protect the interests of CenterPoint's end-use
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 Thomas Brocato of the law firm of Lloyd Gosselink
and consultants to negotiate with the Company, make recommendations regarding reasonable
rates and to direct any necessary administrative proceedings or court litigation associated with an
appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission.
Section 4: That the City's reasonable rate case expenses shall be reimbursed by
CenterPoint. Under no circumstances shall the City of Friendswood be responsible to Lloyd
Gosselink Rochelle and Townsend, P.C., or consultants hired by Lloyd Gosselink Rochelle and
Townsend, P.C., for any rate case expenses resulting from this case (Statement of Intent to
change electric delivery rates).
Section 5: That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the
time,place, and purpose of said meeting was given as required.
Section 6: A copy of this Resolution shall be sent to CenterPoint, care of Stephen
Bezecny, Director, Regulatory Relations, CenterPoint Energy, Inc., 1111 Louisiana St., Houston,
Texas, 77002 and to Thomas Brocato, at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED,APPROVED AND RESOLVED, this the 12th day of July,2010.
R2o 10-28 2
David J. . S ith
Mayor
ATTEST:
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Melinda Welsh, TRMC � o
City Secretary * *
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R2o 10-28 3