R-06-06-22-10D1 - 6/22/2006RESOLUTION NO. R -06-06-22-10D1
RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING
THE SUSPENSION OF THE EFFECTIVE DATE FOR NINETY DAYS IN
CONNECTION WITH THE RATE INCREASE FILING OF ATMOS ENERGY
CORPORATION, MID-TEX DIVISION ON MAY 31, 2006; FINDING THAT
THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Corporation, Mid -Tex Division ("Atmos
Energy") filed a Statement of Intent with the City of Round Rock, Texas
("City") to increase its rates on a systemwide basis by more than $60
million and also substantially change its rate design for residential
customers so that the more gas that is used the cheaper the rate, and
WHEREAS, the City has joined with other local regulatory
authorities to form Atmos Texas Municipalities ("ATM"), and
WHEREAS, the rate filing is thousands of pages in length with
more than a half dozen technical experts, and
WHEREAS, it is not possible for the City to complete its review
of Atmos Energy's filing of May 31, 2006 within thirty-five (35) days,
and
WHEREAS, the City will need at least one hundred (100) days
before it is ready to adopt a final decision as a local regulatory
authority with regard to Atmos Energy's filing, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
THAT:
Section 1. The statements and findings set out in the preamble to
this resolution are hereby in all things approved and adopted.
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Section 2. The effective date for Atmos Energy's filing of May
31, 2006 is July 5, 2006 and hereby suspended for ninety days or at
least until October 3, 2006.
Section 3. The statutory timeline may be further extended if
Atmos Energy does not provide timely and meaningful public notice of
its request to increase rates or if its rate filing package is
materially deficient.
Section 4. The City Secretary is hereby directed to send a true
and correct copy of this resolution to Mr. Richard Reis, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1823, Dallas, Texas 75240-2601 and
to the ATM by sending a true and correct copy of this resolution to Mr.
Jim Boyle, Special Counsel for the ATM cities, by fax to (512) 474-
2507.
Section 5. This resolution shall become effective from and after
its 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 22nd day of June, 2006.
ALAA) /ram Uf , Mayor Pep-Tein
City of Round Rock, Texas
T ST:
CHRISTINE R. MARTINEZ, City Secretary
2
DATE: June 16, 2006
SUBJECT: City Council Meeting - June 22, 2006
ITEM: 10.D.1. Consider a resolution suspending the effective date for ninety days in
connection with the rate increase filing of Atmos Energy Corporation.
Department: Administration
Staff Person: David Kautz, Assistant City Manager/CFO
Steve Sheets, City Attorney
Justification:
This resolution suspends the effective date for ninety days or at least until October 3, 2006 for
Atmos Energy filing of May 31, 2006. The filing of such a rate filing package is necessary in
order to properly set rates.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Jim Boyle, Attorney
Background Information:
The current effective date for the rate case which was filed by Atmos on Wednesday, May 31,
2006 is July 5, 2006. Jim Boyle has advised that we can not be ready with a recommendation
by that date. The City will need at least 90 days before it is ready to adopt a final decision
with regard to Atmos Energy filing.
Public Comment: N/A