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HomeMy WebLinkAbout18925 ORD - 07/16/1985AN ORDINANCE AUTHORIZING THE CITY'S PARTICIPATION IN A COOPERATIVE EFFORT WITH OTHER CITIES IN CENTRAL POWER & LIGHT COMPANY'S SYSTEM RELATING TO CENTRAL POWER & LIGHT'S REQUEST FOR RATE INCREASE AND CENTRAL POWER & LIGHT'S REQUEST TO APPROVE A SETTLEMENT WITH BROWN & ROOT COMPANY CONCERNING THE SOUTH TEXAS NUCLEAR PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT FOR THE CITY IN THE CONFIRMATION OF A STEERING COMMITTEE TO DIRECT SAID COOPERATIVE EFFORT; RATIFYING AND APPROVING SELECTION BY THE STEERING COMMITTEE OF CONSULTANTS AND DON BUTLER AS LEGAL COUNSEL; AND AUTHORIZING SAID LEGAL COUNSEL TO INTERVENE ON BEHALF OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION IN THESE AND ANY RELATED DOCKETS; AND DECLARING AN EMERGENCY. WHEREAS, the Public Utility Regulatory Act, Article 1446 et seq., V.A.T.S. provides for a definite procedure which must be followed by a public utility in order to implement a revised schedule of rates; and WHEREAS, Central Power and Light Company has presented to the City a revised schedule of tariffs providing for a rate increase and a request that said company be placed on the agenda for action by the City Council at the earliest possible time; and WHEREAS, Central Power and Light Company has presented to the Public Utility Commission a revised schedule of tariffs outside municipal boundaries which tariffs will affect system -wide revenues; and WHEREAS, Central Power and Light Company and Houston Light and Power Company have, in Docket 6325, requested the Public Utility Commission to approve settlement of litigation with Brown & Root Company over the construction of the South Texas Nuclear Project; and WHEREAS, issues in Docket 6325 are directly related to rates charged by Central Power and Light Company; and WHEREAS, the City is currently seeking the service of a qualified rate expert for the purpose of evaluating the revised rate schedule as submitted by Central Power and Light Company and issues raised in Docket 6325; and WHEREAS, additional time is needed to allow the consultants adequate time for study in preparation of testimony for the hearing concerning the requested rate increase and Docket 6325; and WHEREAS, the City has joined other cities in the Central Power and Light Company system in a cooperative effort to determine a fair and reasonable rate for Central Power and Light Company; and 03P.114.01 18925 MICROFILMED WHEREAS, the City of Corpus Christi will pay all costs for attorneys and rate consultants approved by the Steering Committee and seek and obtain reimbursement from Central Power and Light Company as provided in the Public Utility Regulatory Act; and WHEREAS, the City Manager or his designated representative has been authorized to act for the City as a member of the Steering Committee to select and/or confirm the selection of rate experts and attorneys, and to direct the common effort, and to arrange for payment of expenses incurred in this common effort; and WHEREAS, it is the opinion of the governing body of the City that it is in the interest of this city and the electric energy users of the City that the the City join other cities of the Central Power and Light system in South Texas in this cooperative effort. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi is of the conviction that the regulatory role provided by the law for said city is of extreme importance and must be completely fulfilled. SECTION 2. That sufficient time is not available prior to August 13, 1985 for the City to complete the necessary analysis of the revised rate schedule and issues raised in Docket 6325. That for the reasons stated above which have heretofore been delivered in writing to Central Power and Light Company, the revised rate schedule filed by Central Power and Light company scheduled to become effective August 13, 1985, is hereby suspended in accordance with Section 43(d) of the Public Utility Regulatory Act, and may not be placed in operation within the area of jurisdiction of the City of Corpus Christi for a period of time not to exceed 90 days beyond August 13, 1985, or not to exceed the period of suspension ordered by the Public Utility Commission of Texas, whichever is greater. SECTION 3. That the City Manager or his designated representative the Director of Public Utilities be and is hereby designated to act for this city as a member of the Steering Committee to direct the common cause, select and employ rate experts and attorneys, and arrange for payment of expenses incurred in this common project. SECTION 4. Confirms, ratifies and approves a selection by the Steering Committee of Don R. Butler of Austin, Texas as its attorney, and hereby authorizes its consultants and attorneys to speak for and represent the City in all activities and actions pertaining to the Central Power and Light Company rate request, and further authorizing said consultants and attorneys, as its proper agents, to request and receive such information as is necessary in its investigation from Central Power and Light Company, and others, and to represent the City in all matters pertaining to the rate request and issues raised by Docket 6325 before the cities, the Public Utility Commission and the courts. 03P.114.01 SECTION 5. That legal counsel be authorized to intervene and/or ratify intervention before the Public Utility Commission on the request by Central Power and Light Company to increase rates outside municipal boundaries and to approve a settlement with Brown and Root Company concerning the South Texas Nuclear Project, and any related dockets on behalf of all the cooperative cities. SECTION 6. That the City Secretary be hereby ordered to deliver a certified copy of this ordinance to Central Power and Light Company, Don R. Butler and a copy to the Chairman of the Steering Committee of the cooperative cities. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 16th day of July, 1985. ATTEST: City Secretary APPROVED:) /f DAY OF JULY, 1985: 03P.114.01 MAYOR THE CITOF CORPUS CHRISTI,TEXAS Corpus Christi, Texas 11.0. day of , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY iF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 18925 411 200.11 City of Corpus Christi July 19, 1985 Mr. Don Butler Butler & Casstevens Southwest Tower, Suite 727 211 East Seventh Street Austin, Texas 78701 Dear Mr. Butler: Enclosed is a certified copy of Ordinance No. 18925, passed by the Corpus Christi City Council on July 16, 1985. This Ordinance authorizes the City's participation in a cooperative effort with other cities in Central Power & Light Company's system relating to CPSL's request for a rate increase and CPU's request to approve a settlement with Brown & Root. AC/DZ/td Enclosure °164614 p Armando Chaps City Secretary xc: City Manager Edward Martin Asst. City Attorney Jay Doegey 302 South Shoreline - P.O. Box 9277 - Corpus Christi, TX 78469-9277 (512) 880-3000 City of Corpus Christi July 19, 1985 Mr. Walter Hill, Jr. CP&L Steering Committee Chairman City of Sinton Box 1395 Sinton, Texas 78387 Dear Mr. Hill: Enclosed is a certified copy of Ordinance No. 18925, passed by the Corpus Christi City Council on July 16, 1985. This Ordinance authorizes the City's participation in a cooperative effort with other cities in Central Power & Light Company's system relating to CP&L's request for a rate increase and CP&L's request to approve a settlement with Brown & Root. Sincerely, Armando Chap City Secretary AC/DZ/td Enclosure xc: City Manager Edward Martin Asst. City Attorney Jay Doegey 200.11 302 South Shoreline - P.O. Box 9277 - Corpus Christi, TX 78469-9277 (512) 880-3000 200.11 City of Corpus Christi July 19, 1985 Mr. Tom J. Curlee, Jr. Executive Director of Rates and Regulatory Affairs Central Power & Light Company P.O. Box 2121 Corpus Christi, Texas 78401 Dear Mr. Curlee: Enclosed is a certified copy of Ordinance No. 18925, passed by the Corpus Christi City Council on July 16, 1985. This Ordinance authorizes the City's participation in a cooperative effort with other cities in Central Power & Light Company's system relating to CP&L's request for a rate increase and CP&L's request to approve a settlement with Brown & Root. Sincerely, bNVNI)) Armando Chapa City Secretary AC/DZ/td Enclosure xc: City Manager Edward Martin Asst. City Attorney Jay Doegey 302 South Shoreline - P.O. Box 9277 - Corpus Christi, TX 78469-9277 (512) 880-3000