HomeMy WebLinkAboutResolution No. 2003-05 RESOLUTION NO.R2003-OS
RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS
AUTHORIZING INTERVENTION IN FIRST CHOICE POWER, INC.'S
APPLICATION TO INCREASE PRICE TO BEAT FUEL FACTORS
FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET
NO. 27167; AUTHORIZING THE JOINING WITH OTHER
INTERVENING CITIES TO PROTECT MLTNICIPAL AND RATEPAYER
INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS;
RATIFYING ACTIONS TAKEN BY LEGAL COUNSEL TO PROTECT
CITIES' INTERESTS; AND REQUIRING REIMBURSEMENT OF THE
CITIES' RATEMAHING COSTS.
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WHEREAS, the City of Friendswood is a regulatory authority under the Public Utility
Regulatory Act (PURA) and has an interest in the Price to Beat rates and services of First Choice
Power, Inc. within the municipal boundaries of the city; and
WHEREAS, First Choice Power, Inc. filed an application with the Public Utility
Commission (PUC) on or about December 27, 2002, to increase the Price to Beat fuel factor
effective by 18.58%; and
WHEREAS, increasing the Price to Beat fuel factor will increase the electric bill of Price
to Beat customers residing within the City; and
WHEREAS, pursuant to PURA §33.025, the City of Friendswood has standing to
intervene in PUC proceedings relating to the provision of electric service to the City; and
WHEREAS, the interests of the City of Friendswood and the electric customers residing
within municipal boundaries can be protected most effectively by coordinating with other cities
receiving Price to Beat service from First Choice Power, Inc.; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The City is authorized to intervene in First Choice Power, Inc.'s Price to
Beat fuel factor filed at the Public Utility Commission of Texas, Docket No. 27167.
Section 2. The City is authorized to join other cities that receive Price to Beat service
from First Choice Power, Inc. to protect the interests of Price to Beat 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 Geoffrey Gay and Steve Porter of the law firm of
Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend to review First Choice Power, Inc.'s
filings, to represent the City of Friendswood at the PUC and to prosecute any appeals as directed
by the City.
Section 4. Acts previously taken by legal counsel to protect Cities' interests in
Docket No. 27167 (filing motions) are hereby ratified.
Section 5. Fees and expenses incurred by the City of Friendswood in First Choice
Power, Inc.'s Price to Beat ratemaking matters related to these proceedings shall be promptly
reimbursed by First Choice Power, Inc. pursuant to the Public Utility Regulatory Act.
PASSED,APPROVED AND RESOLVED this 4th day of February 2003.
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Harold L. Whitaker
Mayor
ATTEST:
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Deloris McKenzie, C ♦
City Secretary
R2003-OS