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HomeMy WebLinkAbout026173 RES - 03/08/2005 1 RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS ENDORSING CERTAIN LEGISLATIVE CHANGES TO S.B. 7, TEXAS' ELECTRIC DEREGULATION BILL, SUPPORTED BY SOUTH TEXAS AGGREGATION PROJECT, INC. WHEREAS, the City of Corpus Christi, Texas, (City), has historically been active in the process of regulation of electric utilities; and WHEREAS, the City is a member of South Texas Aggregation Project, Inc. (STAP), and as such, made a decision to join with more than 40 other cities to switch its municipal electric accounts from its incumbent provider to a retail electric provider; and WHEREAS, STAP's experience with the deregulated market and contracts with several different retail electric providers has indicated that the Texas electric retail market has not developed into a truly competitive market as envisioned by Senate Bill 7 (SB7) in part because the Electric Reliability Council of Texas (ERCOT) current system of congestion zones allows some market participants to control generation capacity within a given zone; and WHEREAS, retail electric price competition has not successfully reached residential customers in Texas communities with populations less than 40,000 in rural South Texas; and WHEREAS, the formula established by SB7 to determine the amount to be paid to cities for electric franchise fees is based upon information from 1998 and does not account for any increases to keep up with inflation, impacting municipalities' revenue and budgets; and WHEREAS, the Public Utility Commission of Texas is considering implementing a nodal market design in ERCOT that would, as currently contemplated, harm economic development in South Texas by directly assigning congestion costs based on geographic locations in the state, instead of the current method, which spreads costs throughout the state; and WHEREAS, the City endorses efforts proposed by STAP to modify the electric deregulation legislation to improve congestion, implement the original intent of SB7 and reduce costs to the City and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following legislative reforms endorsed by STAP to limit market power, prevent cost shifting between geographic areas of the state, create effective citizen aggregation and permit annual adjustments to municipal franchise fees are supported by the City: A, Require that ERCOT function as one zone or limit the ownership and control March 8, 2005 STAP resolution.DOC 02617? 2 of generation within functional markets (ERCOT zones) and require further Commission action to mitigate market control B. Authorize citizen aggregation projects that will permit cities and towns with populations less than 40,000 to aggregate the load of all of their residents that have not specifically asked to be excluded from the aggregation project. Changing citizen aggregation from "opt-in" to "opt-out" will enhance the opportunities for rural residential customers to benefit from deregulation and benefit the entire state by increasing competition. C. Tie escalation of electric franchise fee amounts to the Consumer Price Index by permitting municipalities to annually adjust franchise fee amounts by one-half of the annual change to the consumer price index, mirroring a provision already in law for telecommunications franchise fees. D. Oppose any cost allocation system of nodal pricing costs that would directly assign congestion costs in a manner that is detrimental to economic development. If nodal pricing is instituted, congestion costs should be spread to the entire ERCOT service area rather than increasing electric costs for customers in certain regions of Texas. SECTION 2, A copy of this resolution shall be sent by the Office of the City Secretary to the elected lawmakers representing the interests of the City of Corpus Christi, Texas in the Texas House and Senate and to the STAP legal counsel. ATTEST: ~ Armando Chapa City Secretary APPROVED: 2- day of )rvvv vh- By: I:~ ~ Lisa Aguila Assistant City Attorney for City Attorney ,2005. March 8, 2005 STAP resolution.DOC 3 S9J"pus Christi, Texas .a':: day of &(.' lcu-c.( '- ,2005 The above resolution was passed by the following vote: Samuel L. Neal, Jr. ~ C4e C,1 ,/)~~ ~--+e-t- OJ;r: ~f cU; ,"', ,1- ( , (-0fL ---- Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott March 8 2005 STAP resolution.DOC 02R17~