HomeMy WebLinkAboutResolution No. 2012-14 RESOLUTION NO. R2012-14
A RESOLUTION OF THE CITY OF FRIENDSWOOD
APPROVING COOP�RATION WITH TH� COALITION
OF CITIES SERVED BY TNMP TO REVIEW TEXAS-NEW
MEXICO POWER COMPANY'S REQUESTED APPROVAL
OF AN ADJUSTM�NT TO ITS �NERGY �FFICI�NCY
COST RECOVERY FACTOR; HIRING LEGAL AND
CONSULTING SERVICES TO NEGOTIATE WITH THE
COMPANY AND DIR�CT ANY N�CESSARY LITIGATION
AND APPEALS; FINDING THAT THE MEETING AT
WHICH TffiS RESOLUTION IS PASSED IS OPEN TO THE
PUBLIC A5 REQUIR�D BY LAW; R�QUIRING NOTICE
OF THIS RESOLUTION TO LEGAL COUNSEL
X X X X 'iC % % X
WHEREAS, on or about Apri130, 2012, Texas New Mexico Power Company ("T'NMP"
or "Company"), pursuant to the Public Utility Regulatory Act ("PURA") § 39.905 and Public
Utility Commission of Texas ("Commission" or "PUC") Substantive Rule § 25.181(fl(4), filed
with the Commission an application for a 2013 Eneigy Efficiency Cost Recovery Factor, PUC
Docket No. 40348; and ',
WHEREA5, the City of Friendswood will cooperate with similarly situated city I��
members and other city pai�ticipants located within the TNMP seivice area in conducting a
review of the Company's application and to hire and direct legal counsel and consultants and to I�
prepare a common response and to negotiate with the Company and direct any necessary I
litigation; and '
WHEREA5, working with the coalition of Cities Seived by TNMP to review the rates '
charged by TNMP allows members to accomplish more collectively than each city could do
acting alone; and
WHEREAS, the coalition of Cities Served by TNMP has a history of participation in
PUC dockets and projects, as well as court proceedings, affecting transmission and dish•ibution
utility xates in TNMP's service area to protect the interests of municipalities and elech•ic
customers residing within municipal boundaries; and
WHEREAS, PURA § 33A23 provides that costs incuired 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 l. That the City is authorized to participate in the Coalition of Cities Seived
by TNMP in Docket No. 40348.
Section 2. That subject to the right to terminate employment at any time, the City of
Friendswood hereby authorizes the hiring of the law fitrn of Lloyd Gosselink and consultants to
negotiate with the Company, make recommendations to the City regarding reasonable rates and
to direct any necessary administrative proceedings or court litigation associated with an appeal of
this application filed with the PUC.
Section 3. That the City's reasonable rate case expenses shall be reimbursed by II
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 expenses resulting from this case. '
Section 4. That it is hereby officially found and deteimined that the meeting at which li
this Resolution is passed is open to the public as required by law and the public notice of the �I
time,place, and purpose of said meeting was given as required. ,
Section 5. A copy of this Resolution shall be sent to Thomas Brocato, Counsel to ,
Cities Served by TNMP, at Lloyd Gosselink Rocheile & Townsend, P.C., P.O. Box 1725,
Austin, Texas 78767-1725. '
R2012-14 2
PASSED, APPROVED,AND RESOLVED this the 4th day of June, 2012.
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Kevin M.� olland
Mayor
ATTEST: .•""'•.
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Melinda Welsh, TRMC �*i ;
City Secretary : ' r�'�•
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R2012-14 3 '