HomeMy WebLinkAboutRES 052212-G - ATMOS Deny Rate IncreaseRESOLUTION NO. OSas ! a
A RESOLUTION BY THE CITY OF GEORGETOWN, TEXAS, ("CITY")
DENYING A RATE INCREASE REQUESTED BY ATMOS ENERGY
CORPORATION ON OR ABOUT JANUARY 31, 2012; DETERMINING
THAT THE MEETING. COMPLIED WITH THE TEXAS OPEN MEETINGS
ACT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT
WHEREAS, Atmos Energy Corporation ("Atmos" or "Company") filed a Statement of
Intent with the City on or about January 31, 2012 to change increase its revenue and change its
rate schedules within the corporate limits of the City, specifically to increase its system -wide,
annual revenue requirement by approximately $49.0 million which is an increase in base -rate
exclusive of cost of gas of approximately 12%; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and under Chapter 104, § 103.001 et seq. of GURA has exclusive original Jurisdiction
over Atmos' rates, operations, and services within the municipality; and
WHEREAS, the City approved a Resolution suspending Atmos' proposed effective date
for its rate increase ninety days beyond Atmos proposed effective date; and
WHEREAS, on or about April 25, 2012, Atmos extended its proposed effective date from
March 6, 2012 to March 13, 2012, which has the effect of extending the statutory deadline from
June 4, 2012 to June 11, 2012, subject to the City's right to continue a hearing in progress; and
WHEREAS, the City has concluded that the rate increase proposed by Atmos is
unreasonable and Atmos has not consented to appropriate adjustments to its proposed rate
increase and that Atmos has failed to. prove that is request is reasonable;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
RESOLUTION NUMBER: IS 94a ia ago Page 1 of 2
DESCRIPTION ATMOS - Deny Rate Increase
DATE APPROVED: 05 22 2012
resolution implements the Vision Statement of the City of Georgetown 2030 Comprehensive
Plan.
S ection 2. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth.
S ection 3.
2012.
Section 4.
The City denies the rate increase Atmos filed on or about January 31,
A copy of this Resolution shall be sent to Atmos Energy Mid -Tex, care of
Mr. David Park, Vice President Rates and Regulatory Affairs, Atmos Energy Corporation, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240; and to Mr. Alfred R. Herrera, Herrera & Boyle,
PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
S ection 5. This 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.
Section 6. Thrs Resolution shall become effective from and after its passage.
PASSED AND APPROVED this 22nd day of May 2012.
ATTEST:
ica Brettle, CITY SECRETARY
A' "ROVED AS TO FOM:
ridget Chapman, ACING CITY ATTORNEY
RESOLUTION NUMBER:
DESCRIPTION ATMOS - Deny Rate Increase
DATE APPROVED• 05 22 2012
Page 2 of 2
2241
Georgc'G. arver, MAYOR