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HomeMy WebLinkAbout2006-2893 - Ordinance - 05/25/2006 ORDINANCE NO. 2893 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL (2005) GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. WHEREAS, on or about March 30, 2006, Atmos Energy Corp., Mid-Tex Division, (the "Company") filed with the City of College Station (the "City"), a request pursuant to Texas Utilities Code ~ 104.301 for an annual gas reliability infrastructure program (GRIP) increase for customers on the Company's statewide gas utility system to be effective May 30, 2006; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's request as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code ~~ 102.001(b) and 103.001; and WHEREAS, the City is timely acting to deny Atrnos' proposed rate increase; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission; and WHEREAS, in consideration of the City taking action before May 30, 2006, on the currently pending GRIP request, the Company may not automatically implement the 2005 GRIP increase without review, consideration, and action by the Railroad Commission of Texas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That the City is authorized to intervene in any appeal of the City's action filed at .. the Commission. SECTION 2. That this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 3. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 4. That the College Station City Council denies the 2005 GRIP as requested by Atrnos Energy Corporation. ORDINANCE NO. 2893 Page 2 SECTION 5. That a copy of this ordinance shall be forwarded to the appropriate designated representative of the Company within ten (10) days as follows: Richard T. Reis, Director of Rates, Atrnos Energy Corp., Mid-Tex Division, Lincoln Center 11, Suite 1800, 5420 LBJ Freeway, Dallas, Texas, 75240. PASSED, ADOPTED and APPROVED this 25th day of M~y ,2006. APPROVED: ~ d 'L~~' RON S~A, Mayor AlTIST < ~ biKS, City Secretary APPROVED: ?k~ ~.. City Attome;;J-