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HomeMy WebLinkAboutRES 2005-003 RESOLUTION NO. 2005-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZONG PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY COPRPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas is a customer of Atmos energy corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of$2.2 billion in incurred and billed gas costs; and WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of Atmos/TXU Gas, including the City of Grapevine and its residents would be entitled to a pro rata portion of a refund associated with any costs having been found to be unreasonable; and WHEREAS, the City of Grapevine and its residents could benefit from coordination with other cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission Proceedings and any subsequent litigation or related appeal related to those gas costs; and WHEREAS, the reasonable costs associated with the participation of cities in this rulemaking proceeding are reimbursable from the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. Section 3. That the City is authorized to cooperate with other cities within the Atmos/TXU Gas system and hereby authorizes the City Manager to appoint a staff member to serve as representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or any appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU gas in 2004. Section 4. That Atmos/TXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. Section 5. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of January, 2005. APPROVED: William D. Tate Mayor ATTEST: Linda Huff 171-4-f• City Secretary RES. NO. 2005-03 2 APPROVED AS TO FORM: Matthew Boyle City Attorney RES. NO. 2005-03 3