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R-03-06-12-10C1 - 6/12/2003RESOLUTION NO. R- 03- 06- 12 -10C1 WHEREAS, on or about May 23, 2003 TXU Gas Company ( "TXU ")filed with the City of Round Rock, ( "City ") a Statement of Intent to Increase Rates; and WHEREAS, on May 23, 2003 TXU filed a Statement of Intent to Increase Rates at the Railroad Commission of Texas; and WHEREAS, TXU has requested that the City deny the rate increase; and WHEREAS, the rate request by TXU is novel and complex, requiring specialized expertise of lawyers and experts who specialize in ratemaking proceedings initiated by public utilities; and WHEREAS, the City needs time to analyze and study the rate requests filed by TXU; and WHEREAS, on a systemwide basis the TXU rate requests total almost $70 million; and WHEREAS, the Gas Utility Regulatory Act provides that municipalities shall be reimbursed for their reasonable rate case expenses by the regulated utility; and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ( "ATM ") has been active in rate proceedings filed at the Railroad Commission TXU; and WHEREAS, the City will join with other cities participating in ATM as a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of ATM and the City, Now Therefore ®PFOesktop \::OOMA /WORLWX /0:/ /Re50LUTI /RZOS1ZC1.WP" /vr BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: 1. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. 2. The effective date of the tariffs filed with the City are hereby suspended for ninety days from the originally scheduled effective date of June 27, 2003, in order to permit the proper review of the TXU Statement of Intent. 3. The City is authorized to join with other cities in a coalition of cities known as the Alliance of TXU Municipalities ( "ATM ") and authorizes the steering committee of ATM to provide direction and guidance to the lawyers who are representing said cities. 4. The City employs Monte Akers and Jim Boyle to represent the City with regard to the Statements of Intent filed at the City and at the Railroad Commission of Texas and to employ such rate experts as are necessary as recommended by the steering committee for the Alliance of TXU Municipalities. 5. The City is authorized to intervene at the Railroad Commission of Texas and to appeal or appear in Court in any matter related to the Statement of Intent filed by TXU on May 23, 2003. 6. The City, in coordination with the Steering Committee cities, shall review the invoices of its consultants for reasonableness before 2 submitting such invoices for reimbursement pursuant to Section 103.022 of the Gas Utility Regulatory Act. 7. A copy of this resolution shall be forwarded to the appropriate designated representative of TXU as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201 -3402. 8. This resolution shall be effective immediately upon passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12 day of June, 2003. CHRISTINE R. MARTINEZ, City Secre 3 WELL, Mayo Cit of Round Rock, Texas DATE: SUBJECT: ITEM: Resource: History: Funding: Cost: Source of Funds: Outside Resources: Impact/Benefit: Public Comment: Sponsor: June 6, 2003 City Council Meeting —June 12, 2003 10.C.1. Consider a resolution suspending TXU Gas Company's request for a rate increase for a ninety -day period and authorizing the participation in the Alliance of TXU Municipalities to study a rate increase requested by TXU Gas Company. David Kautz, Assistant City Manager Steve Sheets, City Attorney TXU Gas filed requests with state regulators and city governments in its service area to raise its rates to recover investments for its pipeline and distribution infrastructure. Additionally, the rate filing is part of a multi -year effort to streamline the company's 350 rate structures to six. By consolidating the rate structures and moving to a statewide system rate structure, rates will decrease in some cities and increase in others. This issue alone is likely to be somewhat contentious. The cities have 35 days to take action on the rate case filing, or new rates will automatically go into effect on June 27. Because of the short time frame provided, staff recommends that the request be suspended as permitted by state law to permit review of the rate filing documents and to formulate a response to the rate filing. The company filed the last rate increase in May 2001. N/A N/A N/A NIA Because of the short time frame provided, staff recommends that the request be suspended as permitted by state law to permit review of the rate filing documents and to formulate a response to the rate filing. N/A N/A Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY June 30, 2003 Mr. James Blanton Oncor Energy Delivery Company 106 E. Texas Avenue Round Rock, TX 78664 Dear Mr. Blanton: The Round Rock City Council approved Resolution No. R- 03- 06 -12- 10C 1 at their regularly scheduled meeting on June 12, 2003. This resolution approves the suspension of TXU Gas Company's request for a rate increase for a ninety-day period and authorizing the participation in the Alliance of TXU Municipalities to study a rate increase requested by TXU Gas Company. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to contact David Kautz at 218 -5401. Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone, 512.218.5400 • Fax 512.218.7097 • www.ci.round -rock. tx.us City Manager Jim Nuse City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. June 30, 2003 Council Members Alan McGraw Carrie Pitt Enclosure Scot Knight Isabel Gallahan Gary Coe Ms. Autry L. Warren Director Gas Regulatory TXU Business Services 1601 Bryan Street Dallas, TX 75201 -3402 Dear Ms. Warren: The Round Rock City Council approved Resolution No. R- 03- 06 -12- 10C1 at their regularly scheduled meeting on June 12, 2003. This resolution approves the suspension of TXU Gas Company's request for a rate increase for a ninety -day period and authorizing the participation in the Alliance of TXU Municipalities to study a rate increase request by TXU Gas Company. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to contact David Kautz at 218 -5401. cerely, Mayor Nyle Maxwell Mayor Pro-tem Christine R. Martinez Tom Nielson City Secretary CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.540o • Fax: 512.218.7097 • www.ci, round- rock.tx.us