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HomeMy Public PortalAbout002-2022 - Recommending RP&L Proceed with steps to Opt out of IURC V,_ • . RESOLUTION 2-2022 A RESOLUTION OF THE UTILITY SERVICE BOARD OF THE CITY OF RICHMOND, INDIANA RECOMMENDING RICHMOND POWER&LIGHT PROCEED WITH STEPS TO OPT OUT OF THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION(IURC) WHEREAS,the City of Richmond, Indiana owns and operates its own electric Utility, Richmond Power&Light(RPL) under the supervision and control of the Richmond Utility Service Board of Directors(Board)pursuant to IC § 8-1.5-3-4;and WHEREAS,the IURC requires burdensome and costly reporting that RPL must currently follow on a quarterly and yearly basis_without known value to RPL or its customers;and WHEREAS,at one time most Indiana Municipal Power Agency(IMPA)members were subject to the IURC jurisdiction,and now only seven (7)of sixty(60)current Indiana IMPA members continue to operate under IURC jurisdiction (and one of the remaining is also currently in the process of opting out);and WHEREAS,the IURC provides many benefits and protections to consumers purchasing utility services from investor-owned(for profit) utilities;and WHEREAS,the Board and RPL operate a municipally owned, not-for-profit utility in a responsible and prudent manner,resulting in rates that are lower than all other Indiana for-profit electric companies; and WHEREAS,while there are no present plans to do so,the Board and RPL may desire in the future to adjust electrical rates and avoid the costs of a formal IURC proceeding, including,but not limited to, expert witness testimonies,third-party fees from consultants,accountants,engineers and attorneys, as required by IURC and are costs which are ultimately passed on to RPL customers;and WHEREAS,any future proposed rate adjustments for RPL require adherence to Indiana State Law processes and procedures, including customer protection via the requirement for nondiscriminatory,reasonable and just charges pursuant to IC § 8-1.5-3-8,customer input at public hearings, and rate adjustments approved by elected public officials;and WHEREAS,IC §8-1.5-3-9(b)provides that when a second-class city with a municipally-owned electric utility wants to be taken out of the jurisdiction of the IURC for approval of rates and charges and of the issuance of stocks, bonds,notes,or other evidence of indebtedness,the common council may submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC§ 3-10-9-4; and WHEREAS,if a majority of those voting in favor of taking the municipally owned utility out of the jurisdiction of the Commission,the utility is removed from the jurisdiction of the IURC for approval of rates and charges and of the issuance of stocks,bonds,notes, or other evidence of indebtedness Ron Oler, Chair ATTEST: Karen Chasteen,IAMC,MMC City Clerk