HomeMy WebLinkAboutResolution No. 2010-25 RESOLUTION NO. R2010-25
A RESOLUTION OF THE CITY OF FRIENDSWOOD
AUTHORIZING INTERVENTION IN TEXAS-NEW MEXICO
POWER COMPANY'S REQUEST FOR APPROVAL OF AN
ADVANCED METERING SYSTEM (AMS) DEPLOYMENT
PLAN AND REQUEST FOR AMS SURCHARGES FILED AT
THE PUBLIC UTILITY COMMISSION OF TEXAS;
APPROVING COOPERATION WITH CITIES SERVED BY
TEXAS-NEW MEXICO POWER COMPANY TO REVIEW
THE APPLICATION, HIRE LEGAL AND CONSULTING
SERVICES AND 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 LEGAL COUNSEL.
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WHEREAS, on ar about May 26, 2010, Texas-New Mexico Power Company ("TNMP"
or ("Company"), pursuant to Public Utility Regulatory Act ("PURA") § 39.107 and P.U.C.
Subst. R. 25.130, filed with the Public Utility Commission of Texas an application for approval
of deployment plan and request for surcharge for an Advanced Metering System ("AMS") within
their service areas; and
WHEREAS, the City of Friendswood is a member of the Cities Served by TNMP
("Cities") and will cooperate with other similarly situated city members and other city
participants located within the TNMP service area 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, working with Cities to review the application filed by TNMP allows
members to accomplish more collectively than each city could do acting alone; and
WHEREAS, the Cities have a 20 year history of participation in Public Utility
Commission dockets and projects, as well as court proceedings, affecting transmission and
distribution utility rates in TNMP's service area to protect the interests of municipalities and
electric customers residing within municipal boundaries; and
WHEREAS, PURA § 33.023 provides that costs incurred by the 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 City will cooperate with the Cities Served by TNMP in PUC
Docket No. 38306 to coordinate efforts to protect the interests of the City and protect the
interests of TNMP's end-use customers residing and conducting business within municipal
limits.
Section 2. Subject to the right to terminate employment at any time, the City hereby
authorizes the hiring of Thomas Brocato and Chris Brewster of the law firm of Lloyd Gosselink
Rochelle and Townsend, P.C. 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 the rate case filed with the Public
Utility Commission of Texas.
Section 3. That the Cities' reasonable rate case expenses shall be reimbursed by
TNMP. 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 (PUC Docket No. 38306).
Section 4. 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 5. A copy of this Resolution shall be sent to Thomas Brocato, attorney for
the Cities Served by TNMP, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725,
Austin, Texas 78767-1725.
PASSED,APPROVED AND RESOLVED, this the 21St day of June 2010.
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David J.H. h
Mayor
ATTEST:
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Melinda Welsh, TRMC � �
City Secretary v o
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