HomeMy WebLinkAboutO-2019-3739 Relating to Retail Electric Rates of CenterPoint Energy Houston Electric, LLC.City of La Porte, Texas Ordinance No. 2019- 3739
AN ORDINANCE RELATING TO THE RETAIL ELECTRIC RATES OF CENTERPOINT
ENERGY HOUSTON ELECTRIC, LLC WITHIN THE CITY OF LA PORTE, TEXAS; SUSPENDING
FOR NINETY DAYS THE EFFECTIVE DATE OF NEW RATES; MAINTAINING CURRENT RATES
IN EFFECT; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING
SUBJECT; PROVIDING FOR SEVERABILITY.
WHEREAS, on April 5, 2019, CenterPoint Energy Houston Electric, LLC ("CenterPoint")
submitted a Statement of Intent and Application for Authority to Change Rates ("Application") within the
City of La Porte, Texas ("City"), requesting a rate increase, riders, and tariff changes (collectively "New
Rates"); and
WHEREAS, the City, as a local regulatory authority, exercises original jurisdiction over the rates,
operations and services of CenterPoint for customers located within the City under Section 33.001 of
the Public Utility Regulatory Act ("PURA") in the Texas Utilities Code; and
WHEREAS, the City is a member of the Coalition of Cities ("Coalition") in this CenterPoint
electric base rate proceeding, as approved by resolution #2010-17 by City Council on July 26, 2010;
and
WHEREAS, the New Rates would affect rates, operations or services for CenterPoint retail
customers within the City; and
WHEREAS, PURA Sections 36.102 and 36.108 provide that the New Rates take effect on the
35th day after the local filing, unless the local regulatory authority suspends the effective date of the
New Rates within 35 days of filing; and
WHEREAS, PURA Section 36.108 further provides that a local regulatory authority may suspend
the operation of the Application for ninety days beyond the date the New Rates would otherwise be
effective (the "Suspension Period"); and
WHEREAS, PURA Section 36.109 provides that unless the local regulatory authority establishes
interim rates, the rates in effect at the time the Application is filed remain in effect during the Suspension
Period; and
WHEREAS, during the Suspension Period, the City through the Coalition's consultants and
outside counsel will review the Application, perform a coordinated analysis of the New Rates, obtain
additional information from CenterPoint, receive public comments, and prepare a rate ordinance
recommendation to City Council; and
WHEREAS, the expert utility rate consultants retained to review the Application on behalf of the
Coalition have not had sufficient time to determine whether CenterPoint has justified its request for New
Rates; and
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WHEREAS, the City has standing in each case before the Texas Public Utility
Commission ("PUC") that relates to an electric utility providing service within the City
pursuant to PURA Section 33.025;
NOW, THERERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C11
OF LA •' TEXAS:
Section 1. That the facts contained in the preamble of this Ordinance are
determined to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. To allow for coordinated rate analysis, consideration of other issues,
and public comment, the effective date of the New Rates filed with the City by CenterPoint
on April 5, 2019, is hereby suspended for ninety (90) days beyond May 10, 2019, or the
date the Rate Increase would otherwise be effective, to August 8, 2019.
Section 3. The rates in effect as of April 5, 2019, the Application filing date, shall
remain in effect until the earlier of the expiration of the Suspension Period or until changed
by the adoption of a replacement rate ordinance by this Council.
Section 4. The City may intervene and participate in all proceedings related to or
affecting CenterPoint's rates within the City at the PUC until the final resolution of the
New Rates.
Section 5. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness
of such section or part shall in no way affect, impair or invalidate the remaining portions
thereof- but as to such remaining portion or portions, the same shall be and remain in full
force and effect and to this end the provisions of this ordinance are declared to be
severable.
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Section 6. 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 of La
Porte, Texas for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; 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 7. This Ordinance shall be in effect immediately upon its passage and
1711TISTUM, I
PASSED AND APPROVED this 1 0 '01 day of MAY, 2019
4ouis/Rigby �
hqaygfr of the - Of La Porte, Texas
APPROVED AS TO FORM
aark Askins
Assistant City Attorney