HomeMy WebLinkAboutO-1989-1636
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ORDINANCE NO. 1636
AN ORDINANCE DENYING THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC
UTILITY SERVICE FILED BY HOUSTON LIGHTING & POWER COMPANYi
CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECTi
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, on November 23, 1988, Houston Lighting & Power company
(the nCompanyn) filed with the City a proposed schedule of rates for
electric utility service within the city's limits to be effective as
of December 29, 1988i and
WHEREAS, on December 12, 1988, the City, pursuant to Section
43(d) of the Public Utility Regulatory Act, suspended the operation
of the proposed change in rates for a period of 90 days beyond the
proposed effective datei and
WHEREAS, the Company's filing is so extensive and complex., and
given the statutory time constraints, it would not be an efficient
use of the City's resources to undertake the extremely large expense
of a comprehensive, independent evaluation of the issuesi and
WHEREAS, the Public Utility Commission of Texas (the
.Commissionn) has the authority and expertise to adjudicate these
complex issues and will, in fact, be doing so for other similarly
situated cities and unincorporated areas within the Company's
service territory in Docket No. 8425, Houston Lighting & Power
Company's Application for Authority to Change Ratesi and
WHEREAS, the Commission has initiated Docket No. 6668, Inquiry
of the Public Utility Commission of Texas Into the Prudency and
Efficiency of the Planning and Management of the Construction of the
South Texas Nuclear Project, to conduct a detailed review of the
management and prudence of South Texas Nuclear Project, Unit 1,
which has not been pending for more than two yearsi and
WHEREAS, the City is desirous of assuring that the Commission
will have a timely opportunity to consolidate the City rate case and
proceeding into the Company's systemwide rate case, in which City
has intervened as part of the Houston Coalition of Cities with
Original Jurisdictioni and
WHEREAS, the City, through the denial of the Company's proposed
schedule of rates, is not deciding the case on the merits, but is
basing its rationale for denial on the above four paragraphsi
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ORDINANCE NO. 1636
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Pursuant to the provisions of TEX. REV. CIV. STAT.
ANN. art. l446c Section 43(d) (Vernon Supp. 1988), the City Council
hereby denies the Company's proposed schedule of rates and orders
that the Tariff for Electric Rates presently in effect and on file
with the City shall remain in full force and effect.
Section 2~ The City Secretary is hereby authorized to deliver
a true and certified copy of this ordinance to the Company
forthwith. Such copy shall constitute a statement of the reasons
for denying the Company's rates consistent with the above and shall
also constitute notice of such denial.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated, and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective immediately upon
its passage and approval.
PASSED AND APPROVED, this 27th day of February, 1989.
ATTEST:
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Cherie Black
City Secretary
APPROVED: ;j1
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Knox W. Askins
City Attorney