HomeMy WebLinkAbout76-385 03-23-1976RESOLUTION NO. 385
WHEREAS, the Public Utility Regulatory Act, Article 1446c,
V.A.C.S., provides in part that the governing body of each
municipality shall have exclusive original jurisdiction for
the regulation of the rates and services of all public utilities
providing service within the city limits, with the exception
of telecommunications utilities, and has defined each municipality
as the Regulatory Authority for the purpose of exercising such
jurisdiction; and
WHEREAS, Section 34 of the Public Utility Regulatory Act
provides that the Regulatory Authority shall prescribe regulations
governing communications by public utilities, their affiliates
and their representatives, with the Regulatory Authority or
any member or employee of the Regulatory Authority; and
WHEREAS, the City Council proposes to revise their existing
set of rules, which new rules shall be known as the "Public
Utility Communications Rules," for the purpose of complying
with Section 34 of the Public Utility Regulatory Act, and for
the purpose of governing the conduct of all communications,
verbal or written, between public utilities, their affiliates
and representatives with the Regulatory Authority, its members
and employees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EULESS, TEXAS:
Section 1. That the Public Utility Communications Rules,
attached hereto and identified as Exhibit "A," be and are hereby
adopted as the Public Utility Communications Rules of the City
of Euless, pursuant to the provisions of Section 34 of the
Public Utility Regulatory Act.
Section 2. That the Public Utility Communications Rules
hereby adopted shall become effective from and after April
1, 1976, and shall thereafter govern the conduct of all communica-
tions, verbal or written, between public utilities, their affili-
ates and representatives with the Regulatory Authority or any
member or employees of the Regulatory Authority.
Section 3. That this Resolution shall become effective
from and after its passage in accordance with the provisions
of the Charter of the City of Euless and it is accordingly
so resolved.
.i7eP1 X
ADOPTED, this the 23rd day of March, 1976, at a regular
meeting of the City Council of the City of Euless, Texas.
APPROVED:
Harold Samuels,
ATTEST:
Della Houy, City Sedtetary
Mayor
CITY OF EULESS
PUBLIC UTILITY COMMUNICATIONS RULES
Pursuant to the requirements of Section 34, Article 1446c,
V.A.C.S. (House Bill 819, Laws 1975, 64th Legislature, Regular
Session), the following rules shall govern the conduct of all
communications, verbal or written, between public utilities,
their affiliates and representatives with the Regulatory Authority
or any member or employee of the Regulatory Authority.
1. Definitions
a) "Act" shall mean the Public Utility Regulatory Act,
Article 1446a, V.A.C.S. (House Bill 819, 64th Legislature).
b) "Regulatory Authority" is the City Council of the
City of Euless, Texas.
c) "Public Utility" includes every entity defined as
a public utility in the Act doing business within
the City of Euless and whose rates and services are
subject to regulation by the City Council of the
City of Euless.
d) "Regulatory Chain" shall mean all members of the
City Council and all employees of the City of Euless
whose duties are directly connected, in whole or
in part, with the regulation of rates and services
of public utilities. City employees who deal with
public utilities on matters not involving the regulation
of rates and services are not within the regulatory
chain.
e) Definitions of terms in the Act are adopted herein
by reference for the purposes of these Rules.
2. Purpose
It is the declared purpose of these Rules to properly
direct communications between public utilities and the
Regulatory Authority, and to provide for maintaining of
records of such communications in compliance with Section
34 of the Act. The principal avenue for communications
intended to affect or influence the decisions of the Regu-
latory Authority on matters regarding the regulation of
EXHIBIT "A"
public utility rates and services shall be in open session
of the Regulatory Authority. The principal contact for
communications regarding the day to day supervision of
regulated utility companies by the City and regarding
matters under review by the City staff shall be the City
Manager of the City of Euless.
3. Maintenance of Communications Records and Logs
a) Records to be made: Each public utility shall maintain
a permanent record of all contacts, oral or written,
initiated by employees or representatives of the
public utility or its affiliates with any member
of the Regulatory Authority, any City employee in
the regulatory chain, or any other City employee
when the subject matter of the communication pertains
to the regulation of rates and services.
b) Form and approval: The record shall be maintained
as a log, and the form thereof shall be subject to
the approval of the City Manager of the City of Euless.
c) Content: At a minimum, such records shall contain
the name of the person contacting the regulatory
authority, the person contacted, the date of the
contact or communication, a brief description of
the subject matter of the communication, and the
action, if any, requested by the public utility,
affiliate or representative, and whether the communica-
tion was oral or written.
d) Copy_ submitted to City: Each utility shall submit
a copy of its log by the 10th day of each month to
the City Secretary of the City of Euless, providing
the required information for all contacts or communica-
tions occurring in the preceding calendar month.
The City Secretary shall maintain a cumulative file
of all such log entries, and such file shall be made
available for public inspection at all times during
regular business hours.
e) Inspection by City: The City Manager of the City
of Euless or his authorized representative shall
be entitled to inspect the logs maintained by any
public utility at any time during regular business
hours.
EXHIBIT "A" - PAGE TWO
f) Contacts not required to be logged: The following
are exempt from the logging requirements set forth
above:
i. Casual social contacts.
ii. Contacts by the utility with City employees
not in the regulatory chain when such contacts
do not pertain to the regulation of rates and
services. Examples include (but are not limited
to) liaison with the City regarding street cuts
or easements, use of property by the Parks and
Recreation Department, payment of taxes, settlement
of tort claims, and private (non- business) contacts
with the City by utility employees acting in
their personal capacity.
iii. Routine inquiries initiated by the City Manager
or others in the regulatory chain.
g) The Regulatory Chain: All members of the City Council,
the City Manager and the City Attorney are members
of the regulatory chain. Staff members employed
by the persons enumerated above are in the regulatory
chain when their assigned duties relate to the regula-
tion of public utility rates and services.
EXHIBIT "A" - PAGE THREE