HomeMy WebLinkAbout07-1265 10-09-2007RESOLUTION NO. 07 -1265
RESOLUTION OF THE CITY OF EULESS SUSPENDING THE
OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP.,
MID -TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE
CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH ATMOS
CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS
ENERGY CORP., MID -TEX DIVISION SERVICE AREA TO HIRE
LEGAL AND CONSULTING SERVICES AND 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 September 20, 2007, Atmos Energy Corp., Mid -Tex
Division (Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of
Euless a Statement of Intent to change gas rates in all municipalities exercising original
jurisdiction within its Mid -Tex Division service area effective October 25, 2007; and
WHEREAS, it is reasonable for the City of Euless to maintain its involvement in
the Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly
situated city members and other city participants of ACSC in conducting a review of the
Company's application and to hire and direct legal counsel and consultants and to
prepare a common response and to negotiate with the Company and direct any
necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory
authorities the right to suspend the effective date of proposed rate changes for ninety
(90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred
by Cities in ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT the October 25, 2007, effective date of the rate request submitted by
Atmos on or about September 20, 2007, 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 is authorized to cooperate with ACSC and its member cities in the
Mid -Tex service area to hire and direct legal counsel and consultants, negotiate with the
Company, make recommendations to the City regarding reasonable rates and to direct
any necessary administrative proceedings or court litigation associated with an appeal
of a rate ordinance and the rate case filed with the City or Railroad Commission.
SECTION 3
THAT the City's reasonable rate case expenses shall be reimbursed by Atmos.
SECTION 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.
SECTION 5
THAT a copy of this Resolution shall be sent to Atmos, care of Joe T. Christian,
Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas,
Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725.
APPROVED AND ADOPTED at a regular meeting of the City Council on the 9th
of October, 2007, by a vote of 7 ayes, 0 nays, and o abstentions.
APPROVED:
Jlett.t. ';alAJ
Mary Lib Sd eh, Mayor
ATTEST:
usan Cri TRMC, City Secretary
Resolution No. 07 -1265, Page 2 of 2