HomeMy WebLinkAboutResolution No. 2002-34 RESOLUTION NO. R2002-34
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. 25885; AUTHORIZING THE JOINING WITH OTHER
INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER
INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND
CONSULTANTS; RATIFYING ACTIONS TAKEN BY LEGAL COUNSEL
TO PROTECT CITIES' INTERESTS; AND REQUIRING
REIMBURSEMENT OF THE CITIES' RATEMAKING 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 May 9, 2002, to increase the Price to Beat fuel factor effective in
July, 2002;
WHEREAS, increasing the Price to Beat fuel factor will increase the electric bill of Price
to Beat customers residing within 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
receiving Price to Beat service from First Choice Power, Inc.;
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD,TEXAS:
Section L 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. 25885.
Section 2. The City is authorized to join other cities that receive Price to Beat service
from First Choice Power, Inc. and to create a Steering Committee to coordinate efforts 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, and qualified consultants and
witnesses as may be necessary 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 Steering Committee.
Section 4. Acts previously taken by legal counsel to protect Cities' interests in
Docket No. 25885 (filing motions, testimony and briefs and appearing at hearing) 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 ADOPTED this 17th day of June , 2002.
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arold L. Whitaker
Mayor
ATTEST:
Deloris McKenzie, T C
City Secretary
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