HomeMy WebLinkAbout10-11-2007-3h - Resolution - 10/11/2007 RESOLUTION NO. 10 -11- 2007 -3h
A RESOLUTION OF THE CITY OF COLLEGE STATION 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 College Station 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 College Station 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 COLLEGE STATION,
TEXAS, THAT:
PART 1. 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.
PART 2. 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.
L RESOLUTION NO. 10 -11- 2007 -3h Page 2
PART 3. The City's reasonable rate case expenses shall be reimbursed by Atmos.
PART 4. 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.
PART 5. 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.
PASSED and APPROVED this 11 day of October, 2007.
APPROVED:
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,E-Signed by H ey Cargill
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City Attorney
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