HomeMy WebLinkAboutResolution 2007-058RESOLUTION NO. 2007-058
RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS
SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS
ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; APPROVING COOPERATION
WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN
THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO
HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE
WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION
AND APPEALS; REQUIRING REIMBURSEMENT OF CITY'S RATE
CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL
WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division
(Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the
City of North Richland Hills a Statement of Intent to change gas rates in all
municipalities exercising original jurisdiction within its Mid-Tex Division
service area effective October 25, 2007; and
WHEREAS, it is reasonable for the City of North Richland Hills to maintain its
involvement in the Atmos Cities Steering Committee (ACSC) and to
cooperate with the 141 similarly situated city members and other city
participants of ACSC 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, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH~AND HILLS, TEXAS:
SECTION 1. That the October 25, 2007, effective date of the rate request submitted by
Atmos on or about September 20, 2007, 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 ACSC and its member cities
in the Mid-Tex 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 the City's reasonable rate case expenses shall be reimbursed by
Atmos.
SECTION 4. 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 5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian,
Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box
1725, Austin, Texas 78767-1725.
PASSED AND APPROVED on this the 8th day of O~ober, 20
CITY~F,~QRTH ~t~LAND~~ H~I.,LS
///h
By:
, Mayor
D LEGALITY:
George A.
Httorney
APPl~OVED AS TO j ONTENT:
/~~''°~i~~'~ ~~~..._~-
Karen Bostic, Managing Director
Resolution No. 2007-058
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