HomeMy WebLinkAboutResolution No. 96-32 RESOLUTION NO. R96-32
A RESOLUTION OF Tf� CITY OF FRIENDS�POOD, TEBAS, DIRECTING TEXAS-NSW
�xzco Pow�x co�Ar�r ��� TO FILE CSRTAIN INFORMATION �ITH THE CITY
OF FRIENDS�i()OD, SETTING A TEST YEAR TO BB US� BY TEXAS-NSIi 1�+XICO
POWER CO1+lPANY IN ITS FILING; SETTING A PROCEDURAL SCfiBDULS FOR Tf�
GATHERING AND RE9IE�� OF NECESSARY INFORMATIOld IN CONNBCTION THHRE9iITH:
SETTING DATES FOR Tf� FILING OF Tf� CITY'S ANALYSIS C1F Tf� COI�IPANY'S
FILING AND T� COMPANY'S REBUTTAL TO SUGH ANALYSIS; AND SBRTING A
PUBLIC HEARING FOR T4� PURPOSES OF DE�TNING IF THL EBISTING RATES
OF TEXAS-NE�91 MERICO POY�ER COMPANY ARE OR IN ANY WAY IN
VIOLATION OF ANY PROVISION OF LAW AND Tf� DBTERI�lINATION BY THE CITY
OF JUST AND REASONABLE RATES TO BE CHARGED BY TEXAS-NEN l�BIC+D PO�NBR
COI�lPAZ1Y
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Wf�REAS, the City of Friendswood, Texas is a regulatory authority under
the Public Utility Regulatory Act and has original jurisdiction over the
rate of Texas-New Mexico Power Company to determine if such rates are fair,
just and tariffs adequate; and
WFTF.RF.A�� preliminary information indicate� that a further investigation
and review of the rates and tariffs of Texas-New Mexico Power Company should
be conducted to determine if such rates are fair, just and reasonable and
tariffs adequate; and
Wf�REAS, a procedural schedule should be established for the filing of
certain information by the Company, procedures to be followed to obtain and
review information from the Company, the filing of an analysis of such
information by the City, the filing of rebuttal information from the
Company, and a public hearing at which time the City shall make a
determination if the existing rates of Texas-New Mexico Power Company are
unjust, unreasonable or are in any way in violation of any provision of law
and if such rates should be revised and just and reasonable rates determined
for Texas-New Mexico Power Company, and new or different tariffs i�plemented.
NO�i, '�'�RF�RE, BE IT RESOLVED BY THE CITY COUNCII, OF Tf� CITY OF
FRIENDSY�OOD, TEXAS:
1. Not later than 120 days from the date that Texas-New Mexico Power
Company receives notification of this resolution, the Company shall file the
Rate Filing Package of the Public Utility Commission of Texas with the City,
bassd on a test year consisting of the most recent twelve months for which
information is available, alonq with all associated workpapers.
2. The Company shall unbundle rates to show the generation,
transmission and distribution components. Allocations of cost shall be
fully explained and reasonably supported.
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3, At the same time as the Company files its rate filing package with
±he City, it shall file a "buy-through" tariff applicable to residential and
small commerical customers which will allow such distribution customers to
designate a particular generation level supply for delivery by the Company
upon payment of a transmission and distribution charge. The "buy-
through" tariff applicable to residential and small commercial customers
shall legally operate in the same manner as the Company's existing econamy
service tariff.
4. City°s representatives shall have the right to �btain additional
information from the Company through the filing of requests for information,
which shall be responded to within ten (10) days from the receipt of such
request for information. By agreement, the time for response may be
modified by the Citys' respresentatives.
5. The City hereby appoints Mayor Pro-Tem, Janis Lowe and City Manager,
Ron Cox as its representative to the Gulf Coast Coalition of Cities for TNP
rates matters. The City further ratifies the retaining of counsel and
authorizas the hiring of consultants as salected by the Gulf Coast Coalition
of Cities to assist the City in these proceedings; and any appeal of the
City's determination of just and reasonable rates in this matter.
6. The City, or its designated representatives, shall file their
analysis of the Company's filing and information gathered not later than 120
days after the utility files its rate filing package with the City.
7. The Company shall file any rebuttal to the analysis of the City or
its designated representatives with the City not later than 30 days after
the City or its designated representatives file their analysis of the
Company's filing.
8. Not later than 185 days after the date the utility files its rate
filing package with the City, and upon reasonable public notice, a public
hearing shall be conducted by the City Council of the City of Friendswood,
Texas, in the Council Chambers of the City Hall locatied at 910 S.
Friendswood Drive, Friendswood, Texas, or at such alternate location as
may be scheduled as hereinafter provided. At such public hearing, a
determination �f the reasonableness of existing rates of the Texas-New
Mexico Power Company shall be made by the City Council of the City of
Friendswood, Texas, and if necessary, just and reasonable rates shall be
deter.nined to be thereaiter observe3 and enforced for all services of
Texas-New �Iexico Power Company and new or different tariffs implemented
within the City of Friendswood, Texas.
9. This resolution shall be served on TNP by certified First Class
U.S. Mail.
10. It is hereby �fficially found and determined that the meeting at
��hich this resolution is passed is open to the public as required by law and
that public no}ice of the time, place and purpose of said meeting was given
as required.
R96.32/LST03
13. This resolution shall become effective from and after its passage.
12. The City Council may, from time to time, amend this procedural
schedule and enter additional orders as may be in the public interest and.
necessary to the enforcement of this resolution.
PASSED, APPROVSD, AAID ADOPTED by the City of Friendswood this 16th day of
December, 1996.
Evelyn . Ne n
Mayor
ATTEST:
. �
eloris McKenz'e, TRMC
�ity Secretary
R96.32fLST03