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Item 9CCity of Southlake, Texas MEMORANDUM December 29, 2004 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 1713 SUBJECT: Resolution No. 05 -003, Suspending an interim rate adjustment proposed by Atmos Energy Corporation, formerly TXU Gas Company; authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses Action Requested: City Council approval of Resolution No. 05 -003, Suspending an interim rate adjustment proposed by Atmos Energy Corporation, formerly TXU Gas Company; authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses Background Information: Atmos /TXU Gas made a filing (Distribution GRIP filing) at the City and with other cities served by Atmos /TXU Gas in December 2004, notifying the cities of its intent to increase its distribution rates to all customers effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos /TXU Gas allegedly made in calendar year 2003. Atmos /TXU Gas made a filing (Pipeline GRIP filing) at the Railroad Commission of Texas (RRC) on or about December 17, 2004, now docketed as GUD No. 9560, notifying the RRC of its intent to increase its city gate transportation rates to all customers, also effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos /TXU Gas allegedly made in calendar year 2003. In its filings, Atmos /TXU Gas claims that net investment in infrastructure throughout the former TXU service areas increased in 2003 by a total of $43.5 million. If calculated in compliance with the GRIP statue, this claimed increase would be in addition to the $70 million in annual plant investment included in the GUD No. 9400 rates. Atmos /TXU Gas is therefore claiming that investment in plant increase by over sixty percent during 2003. Billy Campbell, City Manager December 29, 2004 The proposed GRIP rate increases would increase annual revenues for Atmos /TXU Gas by $8.5 million. These increases are in addition to the $11.5 million annual increase approved by the RRC in GUD No. 9400, and also in addition to the $10.1 million recovery sought by Atmos /TXU Gas for rate case expenses related to GUD No. 9400 Atmos /TXU has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. Atmos Energy Corporation has announced a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005. The attached resolution will suspend the implementation of the proposed GRIP rate increases within the city, appoint Sharen Elam as the City's representative on a Cities' Steering Committee, authorize intervention in any RRC or court proceedings related to the proposed GRIP rate increases, and require Atmos /TXU Gas to reimburse the City reasonable costs associated with the City's review of the GRIP rate increase filings or participation in any subsequent proceeding. Financial Considerations: The resolution requires reimbursement of legal and consultant expense from Atmos. Steering Committee will cover the initial expenses. Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed the ordinance. Alternatives: Approve or deny proposed resolution Supporting Documents: Resolution No. 05 -003 Billy Campbell, City Manager December 29, 2004 RESOLUTION NO. A RESOLUTION BY THE CITY OF - TEXAS SUSPENDING THE PROPOSAL, BY ATMOS ENERGY CORP. TO IMPLEMENT INTER.IM GRIP RATE: ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP -, MID-TEX DIVISION- IN A REVIEW AND FNQUIRY INTO THE BASIS AND REA O ABLE ESS OF THE PROPOSED RATE ADJUSTMENTS- AUTHORIZING INTERVENTIO'� IN ADMINISTRATIN - E ADD COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS: DESIG ATING A REPRESENTATIVE OF THE ( - -Y TO SER'v - E ON A STEERING COMMIT'TE.E-. REQUIRING REIMD� _.TRSEMENT OF REASONABLE LEGAL AN CONSULTANT EXPENSE S WHEREAS- the City- of Texas ("City 15 a ga , at11141' customer o Atmos, Ener Corp., Mid -Tex Division ( "Atmos Mid-Tex" or "the Company - - ) and a regulator authority with an interest in the rates and charges of Atlnos Mid -Tex; and WHEREAS Atmos Mid -Tex made filings with the City. and the Railroad Commission of Texas ( "Railroad Commission" in December, 2004 - proposing to implement interim rate adjustments ("GRIP Rate Increases pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid -Tex; and WHEREAS- Atmos Energy Corporation has reported a twenty percent increase in profits for its fiscal year ended September 30, 2004 and projects fan increases in profits in ?005; and WHEREAS, in Mav, 2004, the Railroad Coininission entered its Final Order in GUD moo- 9400 authorizing a rate increase that will produce additional annual revenues of 11 -5 million for Atmos Mid -Tex, and WHEREAS, Atmos Mid -Test has projected that it will experience annual cost savings of at least S40 million over the costs incl uded 111 rates approved 111 GUD Teo. 9400' and said savings 1668'•1 Sivt3em. ion Re tilu# ezx 1 Billy Campbell, City Manager December 29, 2004 are likely to Rreatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases, and WHEREAS_ ratepayers of Atinos I_iid -Tex_ including the City and its residents. will be adversely impacted by the proposed GRIP Rate Increases- and WHEREAS_. the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ( "Cities ") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation ii any proceedings at the Railroad Coinnuission related to the proposed GRIP Rate Increases and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid -Tex. THEREFORE BE IT RESOLVED BY THE CITE' COLENCIL OF THE CITY OF _ TEXAS. THAT: 1 _ The February 15. 2.005_, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to perImt adequate time to review the proposed increases, analyze all necessary information and take appropriate action related to the proposed increases. 2_ The City is authorized to cooperate wi th other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate i ith the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct and- a €hninistrative proceedings or litigation associated with the proposed GRIP Rate Increases_ 3_ The City is authorized to intervene in any administrative proceedings or litigation . associated with the proposed GRIP Rate Increases, including GUD No- 9560 the Company's proposed GIMP rate increase for its pipeline system filed at the Railroad Commission. 1665 %1T.Suspensim Resolu&n 2 Billy Campbell, City Manager December 29, 2004 4_ The City hereby designates as a representative to a Cities' Steering Committee that Shall direct the efforts of counsel and consultants- 5- Atmos Mid -Tex shall promptly reilnburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. Signed this day of ?0 Mayor ATTEST: 1668 %I2',Sm,pensisn Resoluti,m 3