AN ORDINANCE WHICH
SHALL CONSTITUTE AN INTERIM ORDER OF THE CITY COUNCIL OF THE CITY
OF BASTROP, TEXAS TO REQUIRE CENTERPOINT ENERGY ENTEX TO PUBLISH NOTICE
OF ITS CHANGES IN RATES FOR A TYPICAL RESIDENTIAL CUSTOMER AND A TYPICAL
COMMERCIAL CUSTOMER AND THE CHANGES IN SERVICE CHARGES IN A CONSPICUOUS
MANNER; TO REQUIRE CENTERPOINT TO REFILE ITS STATEMENT OF INTENT UTILIZING
A CURRENT HISTORIC TEST YEAR, ENDING MARCH 31, 2005 AND TO REQUIRE
CENTERPOINT TO CONTACT THE CITY MANAGER ON THE DATE WHEN IT INTENDS
TO REFILE ITS STATEMENT OF INTENT USING A CURRENT TEST YEAR AND WHEN
CENTERPOINT INTENDS TO PUBLISH NOTICE CONSISTENT WITH THIS ORDINANCE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; MAKING OTHER FINDINGS RELATED TO CENTERPOINT'S STATEMENT OF INTENT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on June 30, 2005, CenterPoint Energy Entex
(" CenterPoint") filed a Statement of Intent on behalf of
its South Texas Division to increase rates within the municipal boundaries
of the City of Bastrop ("City").
WHEREAS,
CenterPoint has failed to publish notice to indicate what the percentage
increase is for a typical residential and a typical commercial customer
that is being requested by CenterPoint within the City of Bastrop;
and
WHEREAS, CenterPoint has failed to publish notice to indicate
what the current service charges are that it is seeking to increase
and what the proposed service charges are if its request is granted
within the City of Bastrop; and
WHEREAS,
the requirement to provide adequate and timely notice is fundamental
to the City being able to take jurisdiction over the request to increase
rates by CenterPoint, and
WHEREAS, the CenterPoint ratepayers are entitled
to adequate public notice before any increases in rates are put into
effect; and
WHEREAS,
the historic test year utilized by CenterPoint in its rate filing
ended on March 31, 2004; and
WHEREAS,
the Gas Utility Regulatory Act requires that CenterPoint's filing
be based upon a test year which contains the most recent 12 months,
beginning on the first day of a calendar or fiscal year quarter, for
which operating data for a gas utility are available; and
WHEREAS,
it is typical in filings before municipalities that the end of the
test year not occur more than six to seven months prior to the filing
of the Statement of Intent relied upon by CenterPoint with the City
Secretary; and
WHEREAS, the
test year utilized in its rate filing with the cities in the South
Texas Division is stale and not in compliance with state law.
BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS THAT:
SECTION 1. INTERIM
ORDER
This Ordinance should be regarded as an interim order and shall remain
in full force and effect until a final decision is adopted by the
City Council of the City of Bastrop, Texas on CenterPoint's request
to change rates.
SECTION 2. HISTORIC TEST YEAR DATA
CenterPoint shall refile its Statement of Intent using a March 31,
2005 ending test year. CenterPoint is also ordered to notify City
Manager in writing no later than September 7, 2005, by what date it
will be able to refile its Statement of Intent with the new test year.
SECTION 3. PUBLIC NOTICE
CenterPoint shall publish notice for four consecutive weeks in conspicuous
form in the Bastrop Advertiser. CenterPoint shall publish the body
of the notice in at least 12 point type.
The heading for the Notice shall be in at least 16 point type, entitled
"Notice of Gas Rate Increase." The published notice shall
contain information about the requested change in rates within the
City of Bastrop, as follows:
SECTION 4. CUMULATIVE
REQUIREMENTS AND EFFECTIVE DATE
This Ordinance is cumulative of all other requirements for notice
under state law and shall become effective upon passage and publication
as required by law.
SECTION 5. PASSED AT OPEN MEETING
That the meeting at which this Ordinance was passed was conducted
in strict compliance with the Texas Open Meetings Act (Texas Government
Code Chapter 551).
SECTION 6. NOTICE TO CENTERPOINT
A copy of this Ordinance shall be faxed to Mr. Chuck Harder, Executive
Director of Rates and Regulatory, CenterPoint Energy Entex at (713)
207-0046 within twenty-four hours of the adoption of this Ordinance
along with a copy by regular mail to Mr. Harder at 1111 Louisiana,
Houston, Texas 77005.
READ AND ACKNOWLEDGED ON FIRST READING this the 23th day of August
PASSED AND APPROVED ON SECOND READING this the 13th day of September
2005.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED AS TO FORM:
City Attorney
