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HomeMy WebLinkAbout17141 ORD - 07/21/1982AN ORDINANCE MAKING FINDINGS OF FACT; APPROVING CHANGES IN RATES, WHICH, IF IMPLEMENTED IN ALL AREAS SERVED BY CENTRAL POWER AND LIGHT COMPANY, WOULD BE REASONABLY CALCULATED TO YIELD AN ADDITIONAL $72,862,000 PER ANNUM IN REVENUES TO CENTRAL POWER AND LIGHT COMPANY; APPORTIONING THE REVENUE INCREASE TO EACH CLASS OF SERVICE; AUTHORIZING 4THE COMPANY TO IMPLEMENT WITHIN THE CITY CHANGES IN RATES EFFECTIVE JULY 29, 1982. WHEREAS, Central Power and Light Company (CP&L or Company) has filed with the City of Corpus Christi (the City) on March 26, 1982, a request for a new rate schedule for furnishing electricity and electric service within the City; and WHEREAS, this request was for an increase of $156,020,642 per annum on a system -wide basis or an increase in total adjusted test year base rate revenues of approximately 48.54 percent; and WHEREAS, the City has suspended implementation of the rate schedules proposed by CP&L to become effective April 30, 1982, in order to permit the City sufficient time to analyze the proposed rate changes; and WHEREAS, the City Council has authorized the hiring of Touche Ross and Company, rate consultants; and Don Butler, attorney; to study said request and make recommendations; and WHEREAS, Touche Ross ' and Company have completed their investigations and presented the results and recommendations to the governing body of the City both in proceedings as intervenors before the Public Utility Commission in the rural rate case over which the Commission exercises original jurisdiction and in proceedings before the City Council in the exercise of its original jurisdiction over electricity rates within the corporate limits of the City with a summary of said results and recommendations made as part hereof to the public hearing; and WHEREAS, the City Council, after hearing all evidence regarding said rate case, has carefully considered same and makes findings of fact in this ordinance and finds that a new rate schedule hereinafter shall be approved: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: 17141 'SEP 2 8 1984 IvapyI1ME1131: SECTION 1. That an increase in the rates, tariffs, and charges of CP&L for electric power and energy sold within the City be approved in an amount such that the adjusted total system -wide operating revenues for CP&L be increased $72,862,000 per annum, an increase of approximately 22.67 percent in base rate revenues based on the adjusted test year ending December 31, 1981. Such Schedule of Rates, as are approved in accordance herewith, are those under which said CP&L shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION 2. That CP&L shall file with the 'City Secretary four copies of a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon an increase in total operating revenues as prescribed herein for each customer. The City shall have ten (10) days to review and approve the tariffs as being in compliance with the ordinance. The tariff shall be deemed approved upon the expiration of this period unless notice of rejection has been given to CP&L on or before said expiration. In the event of rejection, CP&L shall have ten (10) additional days to refile, with the same review procedure to apply. Such schedule of Rates and Tariffs shall apply to all power and energy used by each customer on and after July 29, 1982. SECTION 3. The cost allocation methodology employed by CP&L is proper for the Company at this time and forms a proper basis for rate design. The design of the rates to recover the allocated revenues will be as proposed by CP&L in its filing. SECTION 4. Municipal franchise payments shall be recovered by CP&L on a current basis by means of a factor to be included in each applicable rate schedule. The factor for each rate class shall be computed from the cost study finally approved and shall be expressed as a percentage of the customers' total bill excluding sales tax. This factor shall apply to revenues produced by the base rate and fuel charge for each rate class and shall be included within the total dollar amount shown as owing on the customersbill. The municipal franchise payment adjustment will be applied 2 uniformly within each rate class to which the municipal franchise payment is applicable. Should CP&L over or under collect municipal franchise payments from any rate class, as determined by the semi-annual payments made to the municipalities receiving such franchise payments, adjustment for such over or under collection shall be made by the implementation of an adjustment factor to be utilized during the following six month period to correct such over or under collection. SECTION 5. If CP&L should make any emergency sales to Medina/STEC or Comision Federal de Electricidad (CFE) during the period of time that the rates resulting from this docket are in effect, CP&L agrees that it will apply any after-tax profits which it may derive from such emergency sales as internally generated funds to its construction expenditures. If such sales are made, CP&L will maintain a record showing the amount of the sale, the amount of the after-tax profit which it realized from such sale and the applications of such profit to the Company's construction expenditures. SECTION 6. CP&L hereby affirms its earlier stated position that any amounts recovered by the Company from litigation concerning the South Texas Project, after deduction of the expenses of the Company in pursuing such litigation, will benefit its customers through such means as the appropriate regulatory authority may find proper to effect such benefit. SECTION 7. Inclusion of 60 percent of CP&L's construction work in progress is allowed as same is necessary to the Company's financial integrity. SECTION 8. The Company's proposed accounting changes in connection with its oil and gas exploration program are disallowed. SECTION 9. That the action of the City Council of the City of Corpus Christi enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for CP&L within the City of Corpus Christi in accordance with Section 43(e) of the Public Utility Regulatory Act. SECTION 10. The City Secretary is hereby ordered to deliver a certified copy to CP&L. SECTION 11. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of CP&L. 3 SECTION 12. That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. 4 ' That the foregoing ordinance was read for,he first time and passed to its second reading on this the 1 day of , 19 %a , by the following vote: That the foregoing ordinance w read for t third reading on this the / day of second time a 19 p passed to its , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Luther Jones Betty N. Turner . Jack K:-IYumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles -W. Kennedy Cliff Zarsky That the foregoin 9rdinance was on this the day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the _,040Z/_day of ATTEST: ad for the thiLird time and passed finally , 19 e'2 by the following vote: Cy Secretary APPROAD: DAY OF J. BRUC YCOCK, CITY ATTORNEY , 19 82: ity Attorn 17141 Mr E CIOF CORPUS CHRISTI, TEXAS , 19 1/V381807 PUBLISHER'S AFFIINWIT CITY OF C.C. STATE OF TEXAS, t„, County of Nueces. • ) Before me, the undersigned, a Notary Public, this day personally came LORRAINE C. MARTINEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANOZ. 121141 .......... CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in .. .... _ ........... on the.2.8thday a JULY 19 82 and once day thereafter consecu- tive_ dca one .Times. 253.80 LORRAINE C. MARTINEZ ACCOUNTING CLERI Subscribed and sworn to before me this ,-13 th day of EUGENIA S. CORTEZ AUGUST 'a Notary Pu1ic, Nueces County, Texas 19 .az. PUBLISHER'S AFFIDAVIT - STATE OF TEXAS, Ls, County of Nueces. #V384248 CITY OF C. a.. /WV/ Before me, the undersigned, a Notary Public, this day personally came. LORRAINE 01)MARTINEZ ...., who being first duly sworn. according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES JULY 82 on 27th day of. 19 and once each cl S Y...._thereafter consecutive. day ...... ...... 36.00 LORRA,TNE C. MARTINEZ ACCOUNTING CLERIff— Subscribed and sworn to before me this 4t11_...day of AUGUST 19 EUGENIA S. CORTEZ -Notary lic, Nueces County, Tex Notice 'OF PASSAGE ORDINANCe(T.Ij SECOND READI MAKING FINDINGS 0 FACT; APPROVIN CHANO.ES IN RATE WHICH, IF IMPL MENTED IN ALLARE SERVED BY CENTRA POWER AND LIGHT CO PANY, WOULD BE RE SONABLY CALCULATE TO YIELD AN ADDITIO AL 072,862,000 PER ANNUM IN REVENUES TO CE TRAL POWER AND LIGHT COMPANY; AP/ PORTIONING THE REVE- NUE INCREASE TO,EAC CLASS OF SERVICE, A - THORIZING THE COAV PANY TO IMPLEMENT WITHIN THE CITY CHANGES IN RATES E FECTIVE JULY 29, 1987 Was passed on second reading by the City Counc of the City of Corpus Chri Texas on the 148h day ef July, 1982, previously ap- proved on first reading July 7, 1982. The full text of said ordinpnce is available t the publiinn the Office of the City Secretary. _„„-, -s-Bill G Read, City Secretary Corpus:Chat% Tea - • „NO ICE OF / alrasr jAVOING gITCVNGS .5ACiT; APP .OVE Wtel,C H, CHX,(0 GESI pl N ittiA2AA RATE IN ALL P L ,„Aq%/4mY, GITRtiREr POWER 13 CE IBLY cALCULATLl'OA- -yIELD AN ADDITIO t1/402Z(162,000 PER ANNU T '1EVENUES CEN , RAL,POWER AND LIG COMPANY; AP - 'PORTIONING THE R EA P - NUE-INCREASE TO EAV JcLASS .2FSERVICE; AIpi1NGTNEi,TO IMPLEMENT,e,1.1N CIV ,S a4nS ES EF ry, JULY , obigREAS,i Central rn e(!pariLd Light Compaci e‘ or Company) ha filed with thq City of Corp' ,COristi (The City) On Marc 2e tyee, a request for a no rate hedu)e for furnIshl t icity and electric e within the City; andT ic was forHREAS,..fh14....reques S156,00,642a4rinacnria se o stem -wide' basis norh oh a create! in total adjustedtestyeat base rate revenues approximately 48 cent, area ----i .54 per- -WHEREAS, the City h 80S.P6hded 'Imple -as et -the- rate' schedmentah hOS0d-dY CP&L to 1;41es pro' factfilel April 30, 198r,in " 41 - tier te oh- upeerrmiit the C; tsuffkient time toegalreheproposed rae changes, an. the CityC1hasatnzedte hlriVf , Touche :Ross and Co MY,. rate Consultants ah Cern. yon HUhey, tlec, attorney, lh stuay said reqUest ad recorlfinendations; ahridrnahi ,E'AS Touch torn,yar; have e Ro Pieta threr Tnvstgact?om- a-,ongl=r9nnbIgdations to th,,i and, presented the resultf:i &ith In proceetrl 06 the Ctr.2 Venori bef ngs as IN* ore the Pub ic tlllty CoMmIsslon—In--1 gfollate case over whic h fizetheornmission exe pcoceedings before thh4Clut 081917.31, jurisdiction ae'Cis) Couoci) in the exercise It' original lurisdictIonht°v eel electricity rates withinthol .coporate limits of the a , Ith a ',Summary of said r SUaltahaild recommendatIo ,t,zu apr?nr tg sh; egal k the . WHEREAS, the Citz1Coun- cilwairer hearing dance...regarding said rt) case,,dias carefully consl eredrsame and makes f li Ings -of fact in this ordinance] ahd; finds that a newrate schectuis hereinafter shall *Waved: .Ic SUAINED. BY 'CH ,-thlOW THEREFORE BE cAty,,OUNCIL OF TH SI i. That an in- reaSe., In" he' rates,`-tarif f cc CORFU eiectitt power and energhly) , Parges of cp& f 5°.19A within the CityvPrzwen be apj (t4 a'atie.-risgryve, re, __J 1 tiatibb, per nrium/ iin i eatie of approximete114 67 .pretent in base rat 4 venueszbased..on the a sted test year ending -13e,.,_ ember 31, 1981. Such Scheid - le caRates, as are approved., inaclordance herewith, are 'lltoteaundeM whiCh sal CP&Iltshallteauthorited Tiat.electrle service an -td, collect charges from I „sej ccosfdruhrs for, the sale o Witliin the corporate limits of erettric power - and energyi ' theietty until such time ag csald Rate Schedule may be clariged, rt)odi.f lob, Tigglg cal; p%v:1 igifihreaC ty 1" S tELCIII:CO'N't2.1, That CP&L 1 shillOile With the City Sec • falyitour copied of a revised ,Sahecizile of Rates and Ta 8 Iffs Setting forth those rates, (ariffs) and charges based r ugon'an,inCrease in total o • -fi erating revenites as pre- scribed herein for each cu • 'r-toYnele The City shall hay l'apOrod the tariffs as bein -fe-RITO) days to review anp H -In, corepliance with the ord • 1 nisi-ice:1-Th0 tariff shall b diereid approved nzpon tt11e - expiration 0) 1)05 pdriod un 5, less rnotice of rejeCtIon h , hehaViven to CP&L00 or be- fare:ikbld expiration} In t ,. eviica iof rejection, ',CP8, L shatItave ten (10) additional thYY to refile, with the sanopi r YevieW- procedure to aPPIY, V Sfichnschedule of Rates an L-r6riftg shall apply toall pow- t•ii- add energy used by eac h. 1tifitorizerf60,9 and after July 290982. ,- ,SEC --1" N 3. The cost alio- i dathin , methodologY e Oloyed by CP&L is proper or I toerreompany at this tim 'and forrns a proper basis for 1 rate design. The design , the rates to recover the allo- cated revenues will be a ropose>I by CP&L In ((5 1) 0.1E6 ION 4. Municipal 'franchise payments shall ?havered by CP&L on a cur rent basis by means of a fa 4qc--,,,fobbe includecdhin eachr- titgr htorriaCh erdal lee .clahtsj -Shall be computed from 1 cost- study finally approveci 1Efik shall be expressed as Ol Treeetitage of the customers' Hotel bill excluding sales 100(1 This.factor shall apply to revenues produced by t tWj :ballOtate and fuel charge for 'each -irate class and shall b ifhtludad within the total dzi;j lare-Mount shoWn as owi - 15) on 'the customers' bill. The municipal franchise Pal) Ment adiustment will be a - plied uniformly within eacwi rate class to which the mu - 'Melee' franchise payment :applicable. Should CPO 3 ovegiOr ender collect muni palfrianchise payments fro vanyrtrate class, as deteT- hrtineidt by the seml-annual payments Made to the M mcipalities receiving such i franchise payments, adjustor_ anent -for such over or under collection shall be made -.the Implementation 0( 80 a • dostifient factor 50 90 utilize dgc.i.no ,the !following six mentlg clod to corrects et•ETSVir-r -----k „should make any emergency ,sales k Medina/ STEC e ComIsion Federal de 'Elec. 4rIcidad (CFE) during the , period of time that the rates resulting from this docket., are ja effect, CP&L agrees - 1-4 , will apply any after, J6( Unfits which it -maY de- rive .from such emergency - 'sales as internally generate 11NIS0 Hs construction e „,pendit 'res. If such sales are made, CP8.1.-. Will ifiaiiitain a record showing the amount of the fele, the amount of th after-tax profit which It re !zed from suth sale and tbe applicanons of sucfrprotif TO the Company's construction expenditures.— ..- SECTION 6 CP&L hereby/ ci affirms its earlier stated po- sition that any amounts re- covered by the Compan from litigation concernIn Inc South Texas Project, a ter deduction of the expense of the Company In pursuill such litigation, will belief' Its customers through su means as the approprlat regulatory authority m find proper to effect suc SECTION 7. Inclusion of d benefit. • percent of CP&L's construc-. tion work In progress is al- lowed as same is necessary to the Company's financi0; integrity. SECTION- 8. The Com, pany's proposed accounting changes In connection with its oil and gas exp)oratisff p riii78disallowe_..- a479Thatthe ac- bon of theCity.Councll of thy City of Corpus Christi enact -- Ind (his Ordinance con/l stitutes, on the date 0( 665 nala I passage, a final, determination of rates for CP&L within the City of Cory pus Christ! In accordanfe with Section 43(e) of the Pub, lic Utility Regulatory Act.' SECTION 10. The City Sec- retary is hereby ordered to deliver a certified copy ,t CP&L. SECTION 11. Nothing 1 this Ordinance contain shall 'be construed now or hereafter as limiting or mod- ifying, in any manner, the right and power 08 (90 Cit under the law to regulate t rates and charges of CP&L. SECTION 12. That all or 6y' resolutions, or par Isj thereof„in conflict herewit are repealed extent of such conflic Was pa ed and approved by the City Council of t City of Corpus Christi, Te on the 21st day of July, 198 -5-B111 G. Re 'oix-veCity.Secret . COrpus Chr / " r44 I 3893 PUBLISHER'S AFFIDAVIT CITY OF C.C. STATE OF TEXAS, t„, County of Nueces. Before me, the undersigned, a Notary Public., this day personally came. ....... LORRAINE C. MARTINEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Dailys'Newspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of NOTICE OF PASSAGE, OF ORDINANCE ON FIRST THE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in LY z thereafter on the 26th day of Ju.L_._.__. 82, and once each da consecutive da[ one Times. LORRAINE C. MARTINEZKX361Aebote-8. 34.20 Arcutirrnra"-nnic----- ----21:44t1- .s Subscribed and sworn to before me this 4 t h d f AuG1J3 EUGENIA S. CORTEZ o _Public,Nueces County, Texas 4 F At 44-4.Atl. P ROV I N WHICH, IF IMPLE CHANI7roS IN RATES, SvAFIRST READING, M4rtigi FINDINGS OF .. • RASSADEO.Fe" .. ORDINANCE -OW— ..• ICI1 MENTED IN ALL ARE S SERVED BY CENTRA POWER AND LIGHT CO • PANY, WOULD BE REq., SONABLY CALCULATED TO -YIELD AN ADDITION, AL S72,862,000 PEEANNUM IN REVENUES .TO CEN- TRAL POWER AND LIGHT COMPANY; ' AP., PORTIONING THE REVE- NUE INCREASE TO_EAGII CLASS OF SERVICE; AU- THORIZING THE COM- PANY TO IMPLEMENT WITHIN THE CIT CHANGES IN RATES EF- FECTIVE JULY 29, 1981. Was psssed on first read- ing by the City Council of t tity of Corpus Christi, Te s on the 714 day of July, 1982. jrhe full tet of said ordi- nance Is available to the pub, hc m the Office of the City Secretary, e •s -Bill G. Read City Secretar Ta's-Ceritut Chrit Teta