HomeMy WebLinkAboutResolution No. 2011-16 RESOLUTION NO. R2011-16
RESOLUTION OF THE CITY OF FRIENDSWOOD
APPROVING THE SETTLEMENT AGREEMENT
BETWEEN TEXAS-NEW MEXICO POWER COMPANY
("TNMP") AND THE CITIES SERVED BY TNMP
REGARDING TNMP'S REQUEST FOR APPROVAL OF AN
ADVANCED METERING SYSTEM ("AMS")
DEPLOYMENT AND AMS SURCHARGE, FILED ON OR
ABOUT MAY 26, 2010, AND FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
� � � * �
WHEREAS, on or about May 26, 2010, Texas-New Mexico Power Company ("TNMP"
or the "Company") filed with the Public Utility Commission of Texas ("PUC" or"Commission")
a request for approval of an Advanced Metering System deployment and AMS surcharges; and
WHEREAS, the City has joined a coalition of cities served by the Company and is
affected by the Company's proposed surcharges to its rates throughout its service area, said
coalition being known as the Cities Served by TNMP ("Cities"), and that the Cities joined
together to facilitate the review and response to TNMP's request for AMS deployment and AMS
surcharges and also in order to make the most cost-effective and efficient use of attorneys and
rate consultants; and
WHEREAS, Cities hired attorneys and consultants to review the Company's request for
AMS deployment and for AMS surcharges and enter into negotiations with the Company in an
attempt to reach a reasonable agreement as to the Company's proposal while avoiding excessive
expenses for the Cities' attorneys and consultants; and
WHEREAS, after review of the Company's requested information, Cities'
representatives entered into negotiations with the Company; and
WHEREAS, the Company's and Cities' representatives have reached an agreement as to
the Company's request for AMS deployment and for AMS surcharges, conditioned on final
regulatory approval by the Commission, which approval occurred during the Commission's
regular open meeting on July 8, 2011 and in an Order dated July 13, 2011; and
WHEREAS, the City has reviewed the Settlement Agreement reached between the
Company's and the Cities' representatives and has determined that approval of the Settlement
Agreement is in the best interest of the City and its residents and, therefore, should be approved
by the City.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. That it is in the best interest of the City and its residents to approve the
Settlement Agreement with Texas-New Mexico Power Company, attached hereto as Exhibit A,
which is hereby approved.
Section 2. That Cities' and the City's reasonable rate case expenses shall be
reimbursed by the Company as set out in the Settlement Agreement and no out-of-pocket Cities
expenses shall be charged to or due from the City.
Section 3. That counsel for Cities, Christopher L. Brewster, is hereby authorized to
represent to the Commission that the City of Friendswood has approved the Settlement
Agreement.
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 Christopher L. Brewster at
Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas
78701.
R2011-16 2
Section 6. That nothing contained in this Resolution shall be construed now or
hereafter as limiting or modifying, in any manner, the right and power of the City under law to
regulate the rates and charges of T`NMP.
Section 7. This Resolution shall become effective from and after its passage.
PASSED,APPROVED,AND RESOLVED this 25th day of July,2011.
�
David J. H. Smith
Mayor
ATTEST: o� pR�Ely�s
'�` O
�-�--� � v
Melinda Welsh, TRMC * *
City Secretary s
Py
��rF oF jE�'
R2o11-16 3