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