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HomeMy WebLinkAboutResolution No. 95-10 RESOLUTION N0. R95-10 A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING A STIPULATION AND AGREEMENT RESOLVING ALL ISSUES IN PUBLIC UTILITY COMMISSION DOCKET NOS. 12065 AND 13126, HOUSTON LIGATING & POWER COMPANY (HL&P); AUTHORIZING OUTSIDE COUNSEL TO EXECUTE ALL APPROPRIATE SETTLEMENT DOCUMENTS; AND AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT * * * * * * * * * * * * * WHEREAS, pursuant to the City of Friendswood, Resolution No R94-15A, passed and approved on the 18th day of April, 1994, the City joined the Gulf Coast Coalition of Cities, authorized the hiring of attorneys and consultants, and authorized intervention in Public Utility Commission ("PUC") Docket No. 12065, as consolidated, and provided for intervention by the City in any fuel reconciliation or prudence proceeding, each of said matters pertaining to the provision of electric utility services to tr.e City by Houston Lighting & Power Company ("HL&P") and the rates and charges therefor; and WHEREAS, pursuant to City Resolution No. R94-37, passed and approved on the 12th day of September, 1994, the City directed HL&P to file certain rate information with the City for the purpose of determining whether current rates charged by HL&P for electric utility services within the City are unreasonable; and WHEREAS, the City by Ordinance No. 94-17 passed and approved the 21st day of November, 1994, the City, after reasonable and lawful notice and hearing, found the existing rates of HL&P for electric utility services within the City to be unreasonable and established just and reasonable rates to be observed and in force within the City; and WHEREAS, HL&P appealed the aforesaid lawful rate ordinance to the Public Utility Commission of Texas; and WHEREAS, a proceeding is currently underway before the PUC regarding the reasonableness of rates currently being charged by HL&P in unincorporated areas; and WHEREAS, on June 16, 1994, the General Counsel of the PUC filed a petition of inquiry into the operation and management of the South Texas Nuclear Project which became Docket No. 13126; and WHEREAS, many, if not all, parties desire to resolve all issues in Docket No. 12065, all issues in HL&P's appeals of the municipal rate ordinances, all issues relating to HL&P in docket No. 13126, and certain other matters; and R95-10/LST03 WHEREAS, the public interest will be served by entering into a stipulation and agreement with HL&P and supporting the adoption of an order consistent with the stipulation and agreement by the PUC because is provides expeditious implementation of just and reasonable rates, promotes the adequate and efficient provision of service, and is in accordance with applicable law; and WHEREAS, a resolution of all the matters set forth in the Stipultion and Agreement with HL&P would conserve resources, avoid the uncertainties inherent in further litigation, and minimize rate case expenses both in this case and in the future; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION l. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. SECTION 2. The City hereby approves the Stipulated and Agreement, a true and correct copy of which is attached hereto and for all things made a part hereof, by and between HL&P and certain entities whose authorized representatives have signed or will sign the contract, subject to the conditions and stipulations contained therein. SECTION 3. The City hereby authorizes legal counsel for Gulf Coast Coalition of Cities to execute and support the Stipulation and Agreement, as well as any other necessary and related documents, on behalf of the City. SECTION 4. Execution of the Stipulation and Agreement on behalf of the City does not constitute an action by the City in its capacity as a regulatory authority nor shall any such execution waive or modify in any way the City's regulatory authority over HL&P except as expressly provided therein. PASSED, APPROVED, AND RESOLVED THIS 24TH DAY OF FEBRUARY, 1995. �� � Mayor elyn B Newman City of Friendswood ATT T: � D loris McKenz'e, T C City Secretary R95-10/LST03