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Home My WebLink About18821 ORD - 05/07/198502B.212.02 AN ORDINANCE AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE AND DETERMINING A JUST AND REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, effective September, 1983, the Public Utility Commission ("PUC") of Texas imposed a fuel factor to be charged by Central Power and Light Company ("CP&L" or "Company") on a system -wide basis; and WHEREAS, such factor has caused CP&L to overcollect electric utility rates in excess of $79,000,000 including accrued interest on a system -wide basis through February, 1985; and WHEREAS, such fuel factor imposed by the PUC constitutes unreasonable rates which should be revised; and WHEREAS, by Ordinance No. 18663, the City Council of the City of Corpus Christi, Texas set fuel factors on an interim basis commencing with CP&L's billing cycle on January 26, 1985; and WHEREAS, such factors established by Ordinance No. 18663 still result in overrecovery for fuel cost by CP&L. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Section 42 of the Public Utility Regulatory Act, the present fuel factors charged by CP&L are hereby determined to be unreasonable, and were never authorized by the City and the following factors per KWH are determined to be just and reasonable: Transmission - $0.03125178 Primary - 0.03237529 Secondary -- 0.03406327 SECTION 2. Said factors established by Section 1 hereof shall be charged by CP&L within the City commencing with CP&L's next billing cycle, May 26, 1985. SECTION 3. CP&L shall promptly refund with interest at CP&L's cost of capital at 12.5% per annum, in lump sum or one time credit to each customer the amount overrecovered from such customer by CP&L from September 1, 1983 through April 30, 1985 as a result of fuel factors established under previous City ordinance or PUC order, without adjustments. A one time credit shall be made only if the customer has incurred charges which equal or exceed the amount of the credit. CP&L shall mail such refund check to the last known address of the person entitled to such payment. 18821 MICROFILMED 02B.212.02 CP&L shall retain all unclaimed funds in trust until June 1, 1986. If such funds are not claimed by the persons entitled to them, funds remaining after June 1, 1986 may be applied against CP&L's administrative costs of such refund program. Any remaining monies shall be considered overcollected for purposes of any future fuel factor reconciliation proceeding. SECTION 4. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitu- tional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion thereof or provision, or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof and all provisions of this Ordinance are declared to be severable for that purpose. SECTION 5. conflict herewith. This ordinance hereby repeals all ordinances in I ,. the 'foregoing ordinance tra read for second reading on this the Apf,.dray of ,4a:44J , 192c- , by the following vote: first time and passed to. Luther Jones .Betty N. Turner David Berlanga, Sr. • Welder Brown That the foregoing ordinanc was third reading on this theA44/./ following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown That the foregoing ordinance was On this the day of Luther Jones Betty N. .Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik read for day of PASSED AND APPROVED, this the ATTEST - second time and assed to its , 19 , by the Leo Guerrero Dr. Charles 11. Kennedy Joe McComb Frank Mendez Mary Pat Slavik read for the third time and passed- finally. , 19 , by the following vote: Leo Guerrero Dr. Charles W. Kennedy .Joe McComb Frank Mendez Mary Pat Slavik day of ,-19 City Secretary. APPROVED.: - DAY OF /)74(4,--e. „,{ 2g ,19gK": J. TRUCE AYCOCK, CITY ATTORNEY By ss -s tt tv AttoMev MAYOR THE CITY OF CORPUS CHRISTI, TEXAS That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 19 , by the. following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second time and passed to its third reading on this the day of 19 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Leo Guerrero That the for ging ordi nand was on this the frAL .day o Luther Jones Dr.. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read for th third time and passed finally , 1911f-, by the following vote: PASSED AND APPROVED, this the ATTEST :J. City Secretary APPROVED: DAY OF 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS 18871. STATE OF TEXAS, -.C.ounty of Nueces. }ss: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public this day personally came..____ MARGARET RAMAGE CO1 iiTNTTY- RELATIONS LWERIf Rbeing first duly sworn, according to law, says of the Corpus Christi Caller and The Corpus Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the NOTICE OF PASSAGE OF ORDINANCE #18821 AN ORDINANCE DETERMINING that he is the Christi 'Mmes, publication of of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the 13th day of._.._:�. ;__ May_. . 19 85 and once each. day ._.......thereafter for one consecutive ' � �. a ONE:""', times. 32.20 ;MARGARET RAMAGE Subscribed and sworn to before me this 14TH EUGENIA S. CORTEZ 6-30-85 of Not : , Public, Nueces County, MAY v 19__..8 55_ eiaa NOT; E'OF P'':SSAGE"OF CIRDINANCe. #.1882 T. AN QRDINANCE DETERMIN- ING THAT THE PRESENT FUEL' E'ACTOR.OF CENTRAL POW_ ER. SND. LIGHT COMPA- NY SET. BY THE PUBLIC UTILITY-: COMMISSION OF TEXAS S. UNREASONABLE AND DETERMINING A JUST AND;. REASONABLE FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND LIGHT .COMPANY WITHIN THE -CORPORATE LIMITS; PROVIDING FOR SEVERABILI- TY :AND REPEAL OF CONFLICTING ORDINANCES. Was -,Passed and approved by the. City Council of the City of Corpus Christi. Texas on the 7th' -day of May, 1985: The fu$ text of said ordinance is available to the public in the Office of. the ' City Secretary. -s-Armando Cbapa City Secretary Corpus Christi, Texas MOTION TO AMEND thq.e4-),,t,,,47 ved and seconded that the ordinance determining the present fuel factor of Central Power and Light Company set by the Public Utility Commission of Texas to be unreasonable in determining a just and reasonable fuel factor to be charged within the City, passed and approved on first reading on March 26, 1985 and on second reading on April 2, 1985 be and is hereby amended as follows: (a) Amending the fuel factors contained in Section 1 of the ordinance to read as follows: Transmission - $0.03125178 Primary - 0.03237529 Secondary - 0.03406327 (b) Changing the implementation date from CP&L's April 26, 1985 billing cycle to its May 26, 1985 billing cycle. (c) Inserting a new Section 3 to read as follows: "SECTION 3. CP&L shall promptly refund with interest at CP&L's cost of capital at 12.5% per annum, in lump sum or one time credit to each customer the amount overrecovered from such customer by CP&L from September 1, 1983 through April 30, 1985 as a result of fuel factors established under previous City ordinance or PUC order, without adjustments. A one time credit shall be made only if the customer has incurred charges which equal or exceed the amount of the credit. CP&L shall mail such refund check to the last known address of the person entitled to such payment. CP&L shall retain all unclaimed funds in trust until June 1, 1986. If such funds are not claimed by the persons entitled to them, funds remaining after June 1, 1986 may be applied against CP&L's administrative costs of such refund program. Any remaining monies shall be considered overcollected for purposes of any future fuel factor reconciliation proceeding." 028.402.02 (d) Renumbering the severability clause as Section 4. (e) Inserting Section 5 which reads as follows: "This ordinance hereby repeals all ordinances in conflict herewith. PASSED on this? day of (y1i...,Ud , 1985. 02B.402.02