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HomeMy WebLinkAboutResolution No. 2011-17 RESOLUTION NO. R20ll-17 A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS FINDING THAT CENTERPOINT ENERGY ENTEX'S ("CENTERPOINT'S" OR "COMPANY"S") COST OF SERVICE ADJUSTMENT ("COSA") FILING; WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; 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, the City of Friendswood, Texas ("City") is a gas utility customer of CenterPoint Energy Entex, Texas Coast Division ("CenterPoint" or "Company"), and a regulatary authority with an interest in the rates and charges of CenterPoint; and WHEREAS, the City is a member of the Gulf Coast Coalition of Cities ("GCCC") (such participating cities are referred to herein as "GCCC"), a coalition of similarly situated cities served by CenterPoint that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the CenterPoint's Texas Coast Division service area; WHEREAS, pursuant to the terms of the agreement settling the Company's 2008 Statement of Intent to increase rates, GCCC and the Company worked collaboratively to develop the COSA tariff that allows for an expedited rate review process controlled in a three-year experiment by GCCC as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with CenterPoint resolving the Company's 2008 rate case and authorizing the COSA tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of GCCC reasonable expenses associated with COSA applications; and WHEREAS, on or about April 29, 2011, CenterPoint filed with the City a COSA tariff seeking to increase natural gas rates to all customers residing in the City by $914,910 per year; and WHEREAS, GCCC coordinated its review of CenterPoint's COSA filing and designated attorneys and consultants to resolve issues in the Company's COSA filing; and WHEREAS, through review of the application and discovery, GCCC's consultants determined that CenterPoint's existing rates are excessive; and WHEREAS, under the 2008 Settlement Agreement the City retains its rights as a city with original jurisdiction including the right to deny the application, and WHEREAS, the GCCC's members and attorneys recommend that GCCC members deny the COSA application; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the COSA rates proposed by CenterPoint to be recovered through its gas rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. Section 2. That the Company shall continue to charge its existing rates to customers within the City. R2011-17 2 Section 3. That the City's reasonable rate case expenses shall be reimbursed in full by CenterPoint within 30 days of the adoption of this Resolution. 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 expenses resulting from this case. 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. That a copy of this Resolution shall be sent to CenterPoint and to Thomas Brocato, General Counsel to the Gulf Coast Caalition of Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED,APPROVED, AND RESOLVED, this the ZSt" day of Julv,2011. David J.H. Smith Mayor ATTEST: o� &RlENps a► O �� ���.�..�-� �. ci v Melinda Welsh, TRMC * * City Secretary `��qrF o� t��,� R2011-17 3