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HomeMy WebLinkAbout033323 RES - 03/19/2024Resolution No. 2 Resolution of the City of Corpus Christi suspending the April 4, 2024 effective date of AEP Texas Inc.'s requested rate change to permit the City time to study the request and establish reasonable rates; approving cooperation with the Cities served by AEP Texas and authorizing intervention in AEP Texas Inc.'s requested Rate Change Proceedings before the Public Utility Commission; hiring Lloyd Gosselink attorneys and consulting services to negotiate with the Company and direct any necessary litigation and appeals; requiring reimbursement of Cities' Rate Case Expenses; finding that the Meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the Company and Legal Counsel WHEREAS on or about February 29, 2024, AEP Texas Inc. ("AEP Texas ' or "Company"), pursuant to Public Utility Regulatory Act (` PURA") §§ 33 001 and 36.001 filed with the City of Corpus Christi ( City') a Statement of Intent to change electric delivery rates in all municipalities exercising original jurisdiction within its service area, effective April 4, 2024 and WHEREAS, the City is an electric utility customer of AEP Texas and a regulatory authority with an interest in the rates and charges of AEP Texas; and WHEREAS, the City is a member of the Cities Served by AEP Texas ("Cities"), a membership of similarly situated cities served by AEP that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in AEP Texas' service area and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for 90 days after the date the rate change would otherwise be effective; and WHEREAS, the City retains its rights as a city with original jurisdiction including the right to suspend the application; and WHEREAS, PURA § 33 023 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and WHEREAS, the City's consultants and attorneys recommend that the City suspend the application for further review. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the April 4, 2024 effective date of the rate request submitted by AEP Texas on or about February 29 2024, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates Section 2. That the City joins other Cities Served by AEP Texas in this proceeding and, subject to the right to terminate employment at any time, hereby authorizes the hiring of Thomas Brocato of Lloyd Gosselink Rochelle and Townsend, P.C, and consultants to review the Company's filing, negotiate with the Company make recommendations regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of city action. Section 3. That the City shall work with Cities Served by AEP Texas in the review and evaluation of whether the proposed rates are appropriate, fair, just, and reasonable; and, intervene as a necessary party in the Public Utility Commission of Texas' consideration of AEP Texas' rate filing in Docket No. 56165 as it affects the customers in the unincorporated areas of AEP Texas' service territory. C:\Users\sarahb\AppData\Roaming\IS\Temp\ee647ba8-a9fc-49e3-91bf-ect7dbed0169.docx 1 Section 4. That the City's reasonable rate case expenses shall be reimbursed by AEP Texas. Section 5. 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. Section 6. A copy of this Resolution shall be sent to AEP Texas, care of Jennifer Frederick, American Electric Power Company, 400 West 15th Street, Suite 1520, Austin, Texas 78701 (aepaustintxaep.com), and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701 (tbrocato1g1awfirm.com). PASSED AND APPROVED this 1CP MAYOR APPROVED A TO FORM: ity Attorney day of 11Y\iC: , 2024. ATTEST: C:\Users\sarahb\AppData\Roaming\L5\Temp\ee647ba8-a9fc-49e3-9fbf--ecl 7dbed0169.docx 2 033323