HomeMy Public PortalAboutResolution No. 305-07 10-09-2007 • RESOLUTION N0.305-07
RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS, 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 CITIES' 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
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;
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WHEREAS, it is reasonable for the City of 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.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
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.
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• 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.
3. That the City's reasonable rate case expenses shall be reimbursed by Atmos.
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.
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.
• ayor David Ragan, i of Richland Hills
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Linda Cantu, City Secretary - : ~
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