HomeMy WebLinkAboutRES 021412-NWHEREAS, Atmos Energy Corporation ("Atmos" or "Company") filed a
Statement of Intent with the City on or about January 31, 2012 to change its rate
schedules within the corporate limits of this municipality, specifically to increase
its system-wide, annual revenue requirement by approximately $49.0 million
which is an increase in base-rate revenue exclusive of cost of gas of
approximately 12%; and
WHEREAS, the City is a regulatory authority under the Gas Utility
Regulatory Act ("GURK) and under Chapter 104, §103.001 et seq. of GURA has
exclusive original jurisdiction over Atmos' rates, operations, and services within
the municipality; and
WHEREAS, in order to maximize the efficient use of resources and
expertise in reviewing, analyzing and investigating Atmos' rate request and its
changes in tariffs it is prudent to coordinate the City's efforts with a coalition of
similarly situated municipalities, and
WHEREAS, the City, in matters regarding applications by Atmos to
change rates, has in the past joined with other local regulatory authorities to form
the Atmos Texas Municipalities ("ATM"), and hereby continues its participation in
RESOLUTION NUMBER: PAGE I of 4 6a!L-1
DESCRIPTION: ATMOS Rate Suspension Resolution — 2012
DATE APPROVED:
WHEREAS, Atmos' rate request consists of a voluminous amount of
information including Atmos' rate-filing package, pre-filed direct testimony,
exhibits, schedules, and workpapers; and
WHEREAS, Atmos proposed March 6, 2012 as the effective date for its
requested increase in rates; and
WHEREAS, it is not possible for the City to complete its review of Atmos'
filing by March 6, 2012; and
WHEREAS, the City will need an adequate amount of time to review and
evaluate Atmos' rate application to enable the City to adopt a final decision as a
local regulatory authority with regard to Atmos' requested rate increase; and
WHEREAS, the City will require the assistance of specialized legal
counsel and rate experts to review the merits of Atmos' application to increase
rates; and
WHEREAS, to the extent Atmos seeks review at the Railroad Commission
of Texas of the City's final decision regarding Atmos' statement of intent to
change rates, or should Atmos submit a statement of intent to the Railroad
Commission to increase rates in the environs of the City, the decision of the
Railroad Commission of Texas could have an impact on the rates paid by the
City and its citizens who are customers of Atmos and in order for the City's
participation to be meaningful it is important that the City promptly intervene in
such proceeding at the Railroad Commission of Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct, and are
incorporated by reference herein and expressly made a part hereof, as if copied
verbatim. The City Council hereby finds that this resolution implements the
Vision Statement of the City of Georgetown 2030 Comprehensive Plan.
RESOLUTION NUMBER: cglql�-N PAGE 2 of 4
DESCRIPTION: ATMOS Rate Suspension Resolution — 2012
DATE APPROVED:
Section 2. Atmos' proposed effective date for its proposed increase in rates is
hereby SUSPENDED for ninety (90) days beyond March 6, 2012.
Section 3. The statutory suspension period may be further extended if Atmos
does not provide timely, meaningful, and proper public notice of its request to
increase rates, or if its rate-filing package is materially deficient.
Section 4. The City shall participate in a coalition of cities known as the Atmos
Texas Municipalities or as "ATM" and authorizes intervention in proceedings
related to Atmos' Statement of Intent before the Railroad Commission of Texas
and related proceedings in courts of law; and
Section 5. The City hereby orders Atmos to pay the City's rate case expenses
as provided in the Gas Utility Regulatory Act and that Atmos shall do so on a
monthly basis and within 30 days after submission of the City's invoices for the
City's reasonable costs associated with the City's activities related to this rate
review or to related proceedings involving Atmos before the City, the Railroad
Commission of Texas, or any court of law.
Section 6. Subject to the right to terminate employment at any time, the City
retains and authorizes the law firm of Herrera & Boyle, PLLC to act as Special
Counsel with regard to rate proceedings involving Atmos before the City, the
Railroad Commission of Texas, or any court of law and to retain such experts as
may be reasonably necessary for review of Atmos' rate application subject to
approval by the steering committee of the ATM.
Section 7. The City, in coordination with the Steering Committee, shall review
the invoices of the lawyers and rate experts for reasonableness before submitting
the invoices to Atmos for reimbursement.
RESOLUTION NUMBER: QaHIP�N PAGE 3 of 4
DESCRIPTION: ATMOS Rate Suspension Resolution — 2012
DATE APPROVED:
Section 8. A copy of this resolution shall be sent to Atmos Energy Mid-Tex,
care of Mr. David Park, Vice President Rates and Regulatory Affairs, Atmos
Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240; and to
Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Ave., Suite 1250,
Austin, Texas 78701.
Section 9. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 10. This resolution shall become effective from and after its passage.
t .
PASSED AND APPROVED this dayof
George G. Garver, Mayor
ica Brettle, City Secretary
RESOLUTION NUMBER: QQl91d-N PAGE 4 of 4
DESCRIPTION: ATMOS Rate Suspension Resolution — 2012
DATE APPROVED: