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HomeMy WebLinkAboutResolution 2024-09RESOLUTION 2024-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, RESOLVING AUTHORIZING PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW IN PROCEEDINGS PERTAINING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC STATEMENT OF INTENT AND APPLICATION FOR AUTHORITY TO CHANGE RATES PENDING AS PUC DOCKET NO.56211 AND RELATED PROCEEDINGS FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, Match 6, 2024, CenterPoint Energy Houston Electric, LLC. ("CenterPoint") Filed Statement of Intent and Application for Authority to Change Rates ("Statement of Intent') within the City of La Porte, Texas ("City"), requesting a rate increase, riders, and tariff changes (collectively "New Rates"); and WHEREAS, CenterPoint has simultaneously requested the New Rates at the Public Utility Commission of Texas ("PUC") for customers receiving service in unincorporated areas ("environs"); and WHEREAS, the PUC hears appeals from the ordinances of local regulatory authorities to determine just and reasonable rates; and WHEREAS, the New Rates would affect rates, operations, or services for CenterPoint retail customers within the city; and WHEREAS, City has exclusive original jurisdiction as a local regulatory authority over the rates, operations, and services of an electric utility for customers within the city pursuant to the Public Utility Regulatory Act ("PURA"); and WHEREAS, the City has standing in each case before the PUC that relates to an electric utility providing service in the municipality pursuant to Section 33.025 of the Utilities Code; and WHEREAS, PURA requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment, and rate of return and to retain the necessary personnel to determine reasonable rates; and WHEREAS, the city is entitled to reimbursement of its reasonable costs to participate in cases that are deemed ratemaking proceedings under the Utilities Code; and WHEREAS, the City Council finds that City's participation with other CenterPoint serve area municipalities in the Coalition of Cities to coordinate the hiring and direction of counsel and consultants on behalf of the Coalition of Cities, including the City, will achieve coordinated efforts among similarly situated affected municipalities in order to maximize the efficient use of resources and expertise in reviewing analyzing, and investigating CenterPoint's Statement of Intent; and WHEREAS, the Coalition of Cities shall be led by the City of Houston, which shall direct the selection of legal counsel and consultants on behalf of the Coalition of Cities; and WHEREAS, interested parties must seek party status to comply with the intervention deadline to be set in the proceedings; and WHEREAS, City Council has determined that it is in the best interest of the City that the City participates with the Coalition of Cities in the PUC proceedings. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. That the statements and findings recited in the preamble to this resolution are found to be true and correct and are hereby adopted as part of this resolution. Section 2. That the City is hereby authorized to join with other municipalities as part of the Coalition of Cities and to participate to the fullest extent permitted by law in proceedings affecting the rates, operations, and services of CenterPoint for customers within the City of La Porte, Texas and in particular regarding the Statement of Intent. Section 3. That the City is hereby authorized to intervene in the proceedings as a member of the Coalition of Cities. Section 4. The City authorizes the Coalition of Cities to represent the City in proceedings affecting the rates, operations and services of CenterPoint for customers within the City of La Porte and in particular regarding the Statement of Intent. Section 5. That such outside counsel that the City of Houston may select, shall represent the City in all of the proceedings and are hereby authorized to take all legal and other actions necessary to forward the interests of the City in the proceedings and all matters related to such proceedings, including without limitation any hearings, conferences, negotiations and related Proceedings. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, how, 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, 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 resolution 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. That this resolution shall take effect immediately upon its passage and approval in the manner required by the City Charter and ordinances or resolutions. PASSED and APPROVED this, the 811 day of April, 2024. CITY OF L PORTE, TEXAS Louis RAigby, Ma o ATTEST: /1 APPROVED AS TO FORM: Clark T. Askins, City Attorney 9A1