HomeMy WebLinkAbout9-27-2007-2p - Resolution - 09/27/2007 RESOLUTION NO. 9 -27- 2007 -2p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION DEFINING "COMPETITIVE MATTER" FOR THE PURPOSE OF
PROTECTING THE COMPETITIVE POSITION OF THE CITY OF COLLEGE
STATION ELECTRIC UTILITY DEPARTMENT.
WHEREAS, TEXAS GOVERNMENT CODE Section 552.131 provides for an
exception to disclosure for public power utilities on competitive matters; and
WHEREAS, "competitive matter" is a utility - related matter that the public power
utilities' governing body in good faith determines by a majority vote is related to
the public power utilities' competitive activity, including commercial information,
and would, if disclosed, give advantage to competitors or prospective
competitors; and
WHEREAS, the City of College Station, Texas, a home -rule municipal
corporation in the State of Texas, owns and operates its municipal electric utility
department; and
WHEREAS, the City Council wishes to amend and clarify the previous Resolution
No. 12 -14- 2000 - 13.10, approved on December 14, 2000; and
WHEREAS, the City Council of the City of College Station, as the governing body
of the municipally owned electric utility, desires to adopt this Resolution defining
"competitive matter" for the purpose of protecting the competitive position of its
electric utility; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council of College Station, Texas, after review of the
issues and Section 552.131 of the TEXAS GOVERNMENT CODE,
hereby makes a good faith determination that the following
categories of information are competitive matters, the disclosure of
which would give advantage to competitors or potential competitors:
A. Financial information, including but not limited to:
1. Business and facilities plans.
2. Capital improvement studies.
3. Multi -year revenue and expense projections.
4. Business forecasts.
RESOLUTION NO. 9 -27- 2007 -2p Page 2
5. Strategic Plans, studies and supporting documents.
6. Cost of service studies.
7. Rates and pricing strategies and targets.
8. Internal business performance information.
9. Wholesale energy and billing information.
10. Internal cost assignment and allocation methodology.
11. Financial planning, sensitivity and scenario analysis.
12. Fuel pricing and usage.
13. Fuel hedging /risk management strategies.
B. Purchasing and Contract Information — Power Supply,
including but not limited to:
1. Power supply pricing, proposals and contracts.
2. Purchasing information, including bidders list,
specifications, bids, proposals, contracts and bid
results.
3. Negotiations, modeling, data, correspondence, drafts
and memoranda related to negotiations and
considerations of the above contracts and pricing.
4. Power sales pricing, proposals and contracts.
5. Fuel contracts and proposals.
6. Fuel pricing and usage.
7. Power purchase contracts and proposals.
8. Fuel transportation pricing and contracts.
C. Business operations, including but not limited to:
1. Work management studies, system configuration and
system data.
2. Benchmarking data, surveys and reports.
3. Market plans and studies.
4. Competitive intelligence systems and information.
5. Product design information.
6. Cost of service studies.
7. Internal business performance information.
8. Wholesale energy and billing information.
9. Internal cost assignments and allocation method-
ology.
10. Financial planning, sensitivity and scenario analysis.
11. Competitive intelligence systems and information.
12. Product design information.
(;)
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13. Forecast of sales and revenues.
14. Contracts or proposals for retail energy sales.
15. Sales incentive plans.
16. Strategies, plans, contracts, proposals and budgets
regarding marketing research.
17. Strategies, plans, contracts, proposals and budgets
regarding analysis, sales and marketing and
promotion of retail products and services, or the
development of same.
18. Research regarding energy loads.
19. Corporate business plans.
20. Assessments, plans or strategies related to
acquisition of other utilities.
21. Strategies, plans or studies regarding debt allocation
or refunding.
22. Internal audit reports.
23. Consulting reports.
24. Financial, accounting or statistical data submitted
confidentially to industry groups or other third parties
regarding competitive matters.
25. Alliance, and joint venture and aggregation of
information for power generation.
D. Competitive Customer Information
1. Customer lists.
PART 2: Information or records of the City of College Station, in any media,
that are reasonably related to a Competitive Matter as defined in
PART 1 above are excepted from the disclosure requirements of
Chapter 552 of the TEXAS GOVERNMENT CODE.
PART 3: The City Council of the City of College Station reserves the right to
supplement or amend the list of Competitive Matters set out in this
Resolution from time to time by addition or deletion or case -by -case
determinations as may be appropriate and desirable in order to
continue to operate and manage the City of College Station electric
utility in a manner consistent with the interests of the City and its
electric customers, and with the protections authorized by TEXAS
GOVERNMENT CODE Section 552.131.
PART 4: Notwithstanding any enumeration otherwise, this Resolution shall
not deem as Competitive Matter any matter excluded from the
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definition of "competitive matter" described in Section 552.131(a)(3)
(A -M) of the TEXAS GOVERNMENT CODE.
PART 5: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this the 27 day of September, 2007.
APPROVED:
...
Mayor U
TTEST:
Nam, City Secretary
APPROVED:
E- Signed by Harvey Cargill
VERIFY authenticity with Approvett
City Attorney
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