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HomeMy WebLinkAbout026341 RES - 07/12/2005 RESOLUTION RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING INTERVENTION IN AEP TEXAS CENTRAL COMPANY'S TRUE-UP PROCEEDING TO BE FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO COORDINATE EFFORTS TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS WHEREAS, the City of Corpus Christi is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of AEP Texas Central Company ("TCC") within the municipal boundaries of the city; and WHEREAS, TCC is required by PURA S 39.262 to file an application with the Public Utility Commission (PUC) to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of TCC and TCC filed such a case in May 2005; WHEREAS, PURA 392620) sets a statutory deadline of 150 days from the date of TCC's application to the issuance of a PUC Final Order and the City will be served by investigating issues impacting TCC's stranded cost calculation as soon as possible and participating in settlement discussions, if any, that may precede the filing of the application; WHEREAS, TCC has reported in excess of $2.0 billion in stranded costs and the final stranded cost calculation is expected to substantially increase the electric bill of TCC's customers including the City; WHEREAS, pursuant to PURA S33025, the City of Corpus Christi has standing to intervene in PUC proceedings relating to the provision of electric service to the City; WHEREAS, the interests of the City of Corpus Christi and the electric customers residing within municipal boundaries can be protected most effectively by coordinating with other cities served by TCC; and WHEREAS, the Steering Committee of Cities has recommended intervention of Cities in TCC's stranded cost proceeding. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. The City is authorized to intervene in TCC's application to be filed with the Public Utility Commission (PUC) to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of TCC. t.J2ti341 Section 2. The City is authorized to join other cities served by TCC to protect the interests of the City of Corpus Christi and protect the interests of TCC's customers residing and conducting business within municipal limits. Section 3. Subject to the right to terminate employment at any time, the City of Corpus Christi hereby authorizes the hiring of Geoffrey Gay and Steven Porter of the law firm of Lloyd Gosselink Blevins Rochelle & Townsend, and qualified consultants and witnesses as may be necessary to review TCC's filings, to represent the City of Corpus Christi at the PUC to participate in any and all settlement discussions that may precede or occur after the Company makes its filing and to prosecute any appeals as directed by the Steering Committee. Section 4. Fees and expenses incurred by the City of Corpus Christi in TCC ratemaking matters related to these proceedings shall be promptly reimbursed by TCC pursuant to the Public Utility Regulatory Act. ATTEST: THE CITY OF CORPUS CHRISTI /~-~ Armando Chapa City Secretary APPROVED: July 1, 2005 ~:""~-'-,. }-[.. ~~.. (--,~;;..~ Lisa Aguilar ). Assistant City Attorney For City Attorney 2 Corpus Christi, Texas {p.., Day of C-t-LJ' ,2005 The above resolution was passed by the following vote: Henry Garrett CLei OLj, oiOOl* rt. /j _ Ut"P (JJJ'f / ru-p {iL)(j rlL; L/ Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott G26341