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HomeMy WebLinkAboutResolution No. 2003-42 RESOLUTION NO. R2003-42 A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING INTERVENTION IN CENTERPOINT'S TRUE-UP PROCEEDING TO BE FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, AUTHORIZING THE JOIIVING WITH OTHER INTERVENING CITIES TO COORDINATE EFFORTS TO PROTECT MLJNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS WHEREAS, the City of Friendswood, Texas is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of CenterPoint within the municipal boundaries of the city; and WHEREAS, CenterPoint is required by PURA § 39.262 to file an application with the Public Utility Commission (PUC) in March 2004 to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of CenterPoint; WHEREAS, PURA 39.262(j) sets a statutory deadline of 150 days from the date of CenterPoint's application to the issuance of a PUC Final Order and the City will be served by investigating issues affecting CenterPoint's stranded cost calculation as soon as possible and participating in settlement discussions, if any,that may precede the filing of the application; WHEREAS, the final stranded cost calculation will affect the electric bill of CenterPoint's customers including the City; 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 served by CenterPoint. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: Section 1. The City is authorized to intervene in CenterPoint's application to be filed with the Public Utility Commission (PUC) in March 2004 to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of CenterPoint. Section 2. The City is authorized to join other cities served by CenterPoint and to create a Steering Committee to coordinate efforts to protect the interests of the City of Friendswood and protect the interests of CenterPoint's 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 Kristen Doyle of the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, and qualified consultants and witnesses as may be necessary to review CenterPoint filings, to represent the City of Friendswood at the PUC to participate in any and all settlement discussions that may precede or occur after the Company makes its filing and to prosecute any appeals as directed by the Steering Committee. Section 4. Fees and expenses incurred by the City of Friendswood in CenterPoint ratemaking matters related to these proceedings shall be promptly reimbursed by CenterPoint pursuant to the Public Utility Regulatory Act. PASSED,APPROVED AND RESOLVED this 3rd day of November 2Q03. � � _ Kimball W. Brizendine, Mayor ATTEST: � Deloris McKenzie, TRMC, City Secretary 2