HomeMy WebLinkAboutR2010-084 2010-06-28RESOLUTION NO. R2010-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ("CITY") RESPONDING TO THE APPLICATION
OF TEXAS -NEW MEXICO POWER COMPANY'S REQUEST FOR
APPROVAL OF ADVANCED METERING SYSTEM ("AMS")
DEPLOYMENT PLAN AND REQUEST FOR AMS SURCHARGES;
AUTHORIZING THE CITY TO PARTICIPATE IN A COALITION OF
CITIES KNOWN AS THE ALLIANCE OF TNMP MUNICIPALITIES
("ATM"); AUTHORIZING THE CITY'S INTERVENTION IN PUC DOCKET
NO. 38306 AS PART OF ATM; AUTHORIZING THE HIRING OF
COUNSEL AND EXPERTS THROUGH ATM; REQUIRING THE
REIMBURSEMENT OF COSTS; DETERMINING THAT THE MEETING
COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about May 26, 2010, Texas -New Mexico Power Company
("TNMP") filed with the City Secretary an application for approval of an advanced
metering system ("AMS") deployment plan and request for AMS surcharges ("the
application"); and
WHEREAS, simultaneously with the filing of the application with the City
Secretary, TNMP filed an identical application with the Public Utility Commission of
Texas ("PUCT" or "Commission") which has been docketed as Docket No. 38306, and
WHEREAS, TNMP is requesting that residential customer begin paying a $4.80
a month surcharge for AMS even before the service is available for most of TNMP's
customers; and
WHEREAS, TNMP has requested an effective date of November 1, 2010; and
WHEREAS, the City has been participating as a member of the Alliance of
TNMP Municipalities ("ATM"), a coalition of similarly situated municipalities; and
WHEREAS, the City has benefitted from its participation in the coalition through
the sharing of costs and expertise; and
RESOLUTION NO, R2010-84
WHEREAS, given the complexity in calculating the service charges it is
necessary to participate with ATM in order to hire special counsel and an expert for the
purpose of assisting the City in its role as a regulatory authority under the Public Utility
Regulatory Act ("PURA"); and
WHEREAS, the application filed by TNMP with the City and at the Commission is
a request for a change in rates. The City is entitled to have its reasonable rate case
expenses reimbursed by the electric utility in ratemaking proceedings of this sort; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the statements and findings set out in the preamble to this
resolution are hereby in all things approved and adopted.
Section 2. The City authorizes the law firm of Herrera & Boyle, PLLC to file an
intervention in Docket No. 38306 at the Commission on behalf of the City as a member
of the Alliance of TNMP Municipalities ("ATM")
Section 3. The City is authorized to participate as a member of ATM and to
hire the law firm of Herrera & Boyle, PLLC to represent its interests with regard to
TNMP's application and to retain such experts as are appropriate for such a proceeding.
Section 4. The City retains its right to withdraw from ATM at any time without
any financial obligation to the remaining coalition members or to the experts or lawyers
hired by the coalition.
Section 5. TNMP is ordered to pay the City's reasonable rate case expenses
incurred in response to TNMP's application in a timely manner.
Section 6. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
RESOLUTION NO. R2010-84
Section 7. This resolution shall be effective immediately upon passage.
PASSED, APPROVED and ADOPTED this the 28th day of June, A. D., 2010.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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