Loading...
HomeMy WebLinkAboutR2026-091 20260608RESOLUTION NO. R2026-91 A Resolution of the City Council of the City of Pearland, Texas, suspending the June 8, 2026 effective date of SiEnergy Gas, LLC’s requested increase to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities in the SiEnergy service area; hiring legal and consulting services to negotiate with the company and direct any necessary litigation and appeals; authorizing intervention in SiEnergy’s Statement of Intent to Change Gas Utility Rates within the incorporated areas served by SiEnergy and Notice of Consolidation at the Railroad Commission; 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; and requiring notice of this resolution to the company and legal counsel. WHEREAS, on or about May 4, 2026, SiEnergy Gas, LLC (“SiEnergy” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102, filed with the City of Pearland (“City”) a Statement of Intent to change gas rates within the incorporated areas served by SiEnergy and a notice of its intent to consolidate its operations and assets with the other members of SiEnergy Holding LLC, effective June 8, 2026; and WHEREAS, the City is a gas customer of SiEnergy and a regulatory authority with exclusive original jurisdiction over the rates and charges of SiEnergy within the City; and WHEREAS, it is reasonable for the City of Pearland to cooperate with other similarly situated cities 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, SiEnergy has filed an application with the Railroad Commission, that could become the docket into which appeals of city action on the SiEnergy filing are consolidated; 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 RESOLUTION NO. R2026-91 Section 1. That the June 8, 2026, effective date of the rate request submitted by SiEnergy on or about May 4, 2026, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. Section 2. That the City is authorized to cooperate with other cities in the SiEnergy 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. Section 3. That, subject to the right to terminate employment at any time, the City of Pearland hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to represent the City in all matters associated with the SiEnergy application to increase rates and appeals thereof. Section 4. That intervention at the Railroad Commission in the docket that the application is filed under is authorized. Section 5. That the City’s reasonable rate case expenses shall be reimbursed by the Company. Section 6. That 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. Section 7. A copy of this Resolution shall be sent to SiEnergy representatives June M. Dively and Daniel Croll, SiEnergy Gas, LLC, 13215 Bee Cave Pkwy., Suite B-250, Bee Cave, Texas 78738 (junedively@sienery.com and dancroll@sienergy.com), and to Jamie Mauldin at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701 (jmauldin@lglawfirm.com). PASSED, APPROVED and ADOPTED this the 8th day of June, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 RESOLUTION NO. R2026-91 3 ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756