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HomeMy WebLinkAbout028183 RES - 05/26/2009RESOLUTION NO. 028183 OF THE CITY OF CORPUS CHRISTI, TEXAS_ AUTHORIZING INTERVENTION IN AEP TEXAS CENTRAL COMPANY'S AND AEP TEXAS NORTH COMPANY'S REQUEST FOR APPROVAL OF AN ADVANCED METERING SYSTEM (AMS) DEPLOYMENT PLAN AND REQUEST FOR AMS SURCHARGES FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TEXAS CENTRAL COMPANY AND STEERING COMMITTEE OF CITIES SERVED BY TEXAS NORTH COMPANY TO REVIEW THE APPLICATION, HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS. WHEREAS, on or about April 20, 2009, AEP Texas Central Company and AEP Texas North Company ("AEP" or "Company"), pursuant to PURA § 39.107 and P.U.C. SUBST. R. 25.130, filed with the Public Utility Commission of Texas an application for approval of deployment plan and request for surcharge for an Advanced Metering System ("AMS") within their service areas; and WHEREAS, the City of Corpus, Texas is a member of the Steering Committee of Cities Served by AEP Texas Central Company ("Steering Committee") and will cooperate with other similarly situated city members and other city participants located within the AEP's service area in conducting a review of the Company's application and to hire and direct legal counsel and consultants to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Steering Committee to review the application filed by AEP allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a twenty year history of participation in Public Utility Commission dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in AEP's service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA § 33.023 provides that costs incurred by the Steering Committee in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the City will cooperate with the Steering Committee of Cities Served by AEP Texas Central Company in PUC Docket No. 36928 to coordinate efforts to protect the interests of the City and protect the interests of AEP's end-use customers residing and conducting business within municipal limits. 028183 1 2. Subject to the right to terminate employment at any time, the City hereby authorizes the hiring of Thomas Brocato and Geoffrey Gay of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and consultants to negotiate with the Company, make recommendations regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of the rate case filed with the Public Utility Commission of Texas. 3. That the Steering Committee's reasonable rate case expenses shall be reimbursed by AEP. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Thomas Brocato, General Counsel to the Steering Committee of Cities Served by AEP Texas Central Company, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. ATTEST: Armando Chapa, City S:1! retary Approved as to legal form: By tevri ri °5 Lisa Aguilar, .distant City Attorney For the City Attorney 2 CITY OF CORPUS CHRISTI �i JoeMayor r CorpusChristi, Texas �� CQ/of fit 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent ChesneyACIL Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal N 0 John E. Marez Nelda Martinez Mark Scott 08.1.83