R2010-084 - 2010-06-28RESC7LUTIQN �J4. R2410-$4
A RESC3LUTI+�N C]F T�iE C'�TY C�JJUNCIL O� THE GITY C)F
P�ARLANQ, TEXAS, ("CITY") RESPflF�DING TC7 �HE APPL�lGATIUN
UF TEXAS-NEW MEXICO POWER G�QMPAf�Y'S REQUEST �FOR
A�PROVAL OF ADVANCED METERING SYSTEM ("AMS")
DEPLOYMENT PLAN AND REQUEST FOR AMS SURCHARGES;
AkJTHORIZING THE CITY TO PARTICIPATE IN A CQALITiON OF
CITiES KNOWN AS THE ALLIANCE O� TNMP' NIUNIC�PALITIES
("ATIVI"}; ,�4UTHORIZING TH� CITY"S IMTERVENTION �M PUC DO�C�t.ET
NO, 38306 AS PART QF ATN6; AUTHORIZIf�G THE HIRING �F
CQUNSEL AND EXP�R�S THROUGH ATIVI; REQUIF�ING THE
REIMBURSEMENT OF GC)S7S; DETERMIN�NC THAT THE MEETING
C4MPLIED V1lITH THE T�XAS OPEN MEE7I�JGS ACT; MAKING SUCH
C?THER FINDINGS AND RR�.IVISION� R��LATED TO THE SI�BJECT;
A�JD DECLARING A�J EFFECTIVE DATE.
WHEREAS, on or about May 26, 2010, Texas-�lew Mexico Power Compar�y
("TNMP") filed with the City Secretary an application for approval of an advanced
metering system ("AMS"') deployment plan and request for AfV1S surcharges ("the
application"}; and
WHEREAS, si�nultaneausly with the fiiling of the ap�alicatian with the City
Secretary, TMMP filed an identical a�plication with the Public Utility Commission of
Texas (""FUCT" or "Commission'") which has been docketed as Doc�cet No. 3830�, and
WHEREAS, TNMP is requesting that residential customer begin paying a$4,84
a monkh surchar�e for AMS even �efore the ser�vice is availabV� for most af TNMP's
customers; a�d
WHEREAS, TNM� �has requested an eff�ctive date of fVovember �, 201Q; and
VII'�E�iEAS, the Cuty has been participating as a member of the Alfiance af
TNMP Municipalitres {'"ATM"), a coalition of similarly situated municipalities; and
WHEREAS, the City has b�nefit#ed fram i�s participatuon ir� the coal6tian through
the sharing of casts and expertise; and
RES�OLUTI�N NO. R201Q-84
WHEREAS, given the complexity in calculating the serv�ce charges it is
nece�sary to participate with ATM in order t� hire special counsel and an exper� for the
pur�ose of assisting the City in its rale as a regulatory authority ur�der th� Public Utility
Regulatnry Ac� ("'PURA"}; an�
1NHERE,4S, the application filed by Tf�MP with the Gity and at the Commission is
a req�est fior a change in rates. T1�e City is �ntitled to have its reasonable rate cas�
expenses reimbursed by the electric �til�ty in ratemakir�g proceedings af this sort; now,
ther�fc�re,
BE IT FiESOLVE� BY THE CITY COUNC�L OF TWE GITY OF PEARLAN�, TEXAS:
Section 1, That tl�e statemen�s and findings set out in the preamble to this
resol�tion are hereby in afl things approved and adopted.
Section 2. 7he City authorizes #he law firm af Herrera & Boyle, PLLG to file ar�
in#erventian in �QCket No. 38306 at #he Gommission on behalf of the City as a member
of the AIlianc� of T�1MP �lunicipalities ("ATM"}
Section 3. The City is autl��rized t� participate as a rn�mber of ATM and to
hire the law f4rm of H�rr�ra & Boyle, PL'�C to represent its interests with re�ard to
TNMP's application ar�d ta retain such experts as are apprc�priat� fQr such a proceedinc�.
Section 4. The City retains i#s righ# to withdr�w from ATM at any tirne without
any f9nancial obfigation to the remaining coalition members or to the experts or lawyers
hired by the caalition.
Sectio� 5. TNMP is orde�ed to pay the City's reasonable rate Gase expenses
incurred ir� response to TNMP's application in a timely mao�ner.
Sectian 6. The meeting at which this resolution was approved was on all things
candu�ted in strict eorr�pliance w�th the Texas Qper� Meetings Act, Texas G�vernmerat
Cad�, Chapter 551.
�
R��OLUTIO�1 NO. R2a1U-84
Section 7. This resolution shall b� �f�ect�ve immediately upon passage.
P�,SS�D, APPRC3VED and ADOPTED fhis th� 28 day of June, A. D., 2010.
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TQM RI�ID
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DpRRIN M. CC7KER
CITY ATTC7RNEY