HomeMy WebLinkAbout2011-194ORDINANCE NO. 2011-194
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE "STIPULATION AND MOTION FOR APPROVAL THEREON"
REGARDING PUBLIC UTILITIES COMMISSION OF TEXAS DOCKET NO. 39066 THAT
INVOLVES THE WHOLESALE TRANSMISSION COST PAYMENTS FOR THE PERIOD
SEPTEMBER 1, 1999 THROUGH DECEMBER 31, 1999; AUTHORIZING THE
SETTLEMENT OF CLAIMS AND AUTHORIZING THE CITY'S LEGAL COUNSEL OF
RECORD TO EXECUTE AND DELIVER THE STIPULATION; AUTHORIZING THE CITY
MANAGER TO RECEIVE PAYMENTS AND TO PAY OUT THE APPLICABLE
PAYMENTS IN SUCH AMOUNTS ARE PROVIDED IN SAID STIPULATION;
PROVIDING AN EFFECTIVE DATE. ON SEPTEMBER 26, 2011 THE PUBLIC UTILITIES
BOARD CONSIDERED THIS MATTER AT ITS CLOSED MEETING.
WHEREAS, the Public Utilities Commission of Texas ("PUCT") in Docket No. 20381
issued its decision for the purposes of establishing wholesale transmission charges within the
Electric Reliability Council of Texas for the year 1999, and it entered a final order on October
13, 1999; and
WHEREAS, this final order was appealed by a number of entities, including TMPA, CPS
Energy, Brazos, Denton, Garland and Greenville; the matter progressed and challenges to the
PUCT's authority to adopt a transition mechanism were made by TMPA; the challenges were
largely related to the application of PUCT Substantive Rule 23.67(g)(8) which had the effect of
reducing payments by certain utilities to other utilities, but which required certain utilities to pay
more to other utilities than would have been due utilizing the PUCT's wholesale transmission
pricing rules; and
WHEREAS, the appeals progressed through the courts, which ultimately resulted in the
decision by the Texas Supreme Court in the case of Texas Municipal Power Agency, et al v Pub.
Util. Comm'n. of Texas, 253 S.W. 3d 184 (Tex. 2007); which decision resulted in a remand to
the trial court in to try the case; and
WHEREAS, the parties to this litigation have recognized that it is in their best interests to
settle the case and have agreed upon a "Stipulation and Motion for Approval Thereon"
("Stipulation") that fairly settles the differences by and between them, a copy of which
Stipulation is attached hereto as Exhibit "A;" and
WHEREAS, as a result of this settlement the City of Denton will pay in approximately
$750,930 to the parties to the litigation for transmission costs, but will receive in return the sum
of approximately $1,087,779.13 from TMPA, from the parties for transmission costs, resulting in
an approximate net financial benefit to Denton of $336,840.13; and
WHEREAS, the City Council believes that it is in the best interests of the City, and that
the City should accordingly settle and dispose of this pending litigation and it hereby approves
the signing and delivery of the Stipulation by its outside counsel of record. NOW THEREFORE
1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble to this ordinance is hereby adopted and is incorporated by
reference herein for all purposes.
SECTION 2. The City Council hereby approves the "Stipulation and Motion for
Approval Thereof' (the "Stipulation") attached hereto as Exhibit "A" and made a part hereof by
reference; and authorizes Lambeth Townsend, Austin, Texas, the City's outside legal counsel to
execute and deliver said Stipulation on behalf of the City of Denton, Texas.
SECTION 3. The City Manager and City Attorney are hereby authorized to act on the
City's behalf in the event any other and further documents are necessary or appropriate to effect
the settlement of this matter.
SECTION 4. The City Manager is hereby authorized to expend funds and to receive
funds, which are necessary or incidental, in accordance with the Stipulation.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� — day of October, 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By.
FA
PUC DOCKET NO. 39066
CLAIMS FOR SEPTEMBER-
§
DECEMBER 1999 PERIOD SEVERED
§ PUBLIC UTILITY COMMISSION
FROM DOCKET NO.38780 (REMAND
§
OF DOCKET NO.20381,
§ OF
PROCEEDING TO MODIFY ERCOT
§
TRANSMISSION RATES FOR 1999
§ TEXAS
PURSUANT TO SUBST. R. 23.67)
§
STIPULATION AND MOTION FOR APPROVAL THEREOF
This Stipulation and Motion for Approval Thereof ("Stipulation") is made and entered
into as of the _ day of September, 2011, by and among the Signatories, as defined in Section 1,
below.
I. Parties and Signatories
This Stipulation is entered into by and between Public Utility Commission of Texas
("Commission") Staff, CenterPoint Energy Houston Electric, LLC ("CenterPoint"), Big Country
Electric Cooperative, Inc., Brazos Electric Power Cooperative, Inc. ("Brazos"), Brazos Power
Marketing Cooperative, Inc., Public Utilities Board of the City of Brownsville, Sharyland
Utilities, L.P. (successor to Cap Rock Energy Corporation and Cap Rock Energy Corporation,
Hunt -Collin Division), AEP Texas Central Company, Cherokee County Electric Cooperative
Association, City of Austin d/b/a Austin Energy, City of Bryan, City of College Station, Denton
Municipal Electric, City of Farmersville, Floresville Electric Light and Power System, City of
Garland, City of Granbury, GEUS, City of Hearne, City of Weatherford, Coleman County
Electric Cooperative, Inc., Concho Valley Electric Cooperative, Inc., Deep East Texas Electric
Cooperative, Inc., Guadalupe Valley Electric Cooperative, Inc., East Texas Electric Cooperative,
Inc., Farmers Electric Cooperative, Inc., Grayson -Collin Electric Cooperative, Inc., Houston
County Electric Cooperative, Inc., Lamar County Electric Cooperative Association, Lower
Colorado River Authority, Magic Valley Electric Cooperative, Inc., Medina Electric
Cooperative, Inc., Oncor Electric Delivery Company LLC (successor to TXU SESCO Company,
LLC and TXU Electric Company), Rayburn Country Electric Cooperative, Inc,, Rio Grande
Electric Cooperative, Inc., San Miguel Electric Cooperative, Inc., South Texas Electric
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 1
Cooperative, Inc., Southwest Texas Electric Cooperative, Inc., Taylor Electric Cooperative, Inc.,
Texas Municipal Power Agency ("TMPA"), Tex -La Electric Cooperative of Texas, Inc,, Texas -
New Mexico Power Company, Trinity Valley Electric Cooperative, Inc., and AEP Texas North
Company (collectively, the "Signatories"), The City of San Antonio acting by and through the
City Public Service Board of San Antonio ("CPS Energy") is a party and active participant in
this proceeding, but is not a Signatory. The Signatories, collectively with CPS Energy, shall be
referred to as the "Parties."
II. Background and Recitals
1. Docket No. 203811 was initiated on January 28, 1999 for purposes of establishing wholesale
transmission charges within ERCOT for the year 1999, and a final order was issued by the
Commission on October 13, 1999, and corrected by an order Nunc Pro Tunc on November
24, 1999.
2. The final order in Dockct No. 20381 was appealed on various grounds to the Travis County
District Court by various entities, including TMPA, the Cities of Denton, Garland and
Greenville, Brazos, and CPS Energy. The appeals were consolidated as Cause No. 99-14787
in the 200th Judicial District Court. Although raising different issues, plaintiffs in Cause No.
99-14787 challenged portions of the same wholesale transmission pricing rules that were
ultimately invalidated in part by the Texas Supreme Court in Public Util. Comm'n v. City
Public Service Bd of San Antonio, 53 S.W.3d 310 (Tex. 2001) ("CPSB" ). Of particular
relevance to this proceeding were challenges by TMPA and others ("TMPA et al.") to the
Commission's statutory authority to adopt the transition mechanism (then rule 23.67(g)(8)),
which had the effect of reducing payments by certain utilities to other utilities, and requiring
certain utilities to pay more to other utilities, for wholesale transmission service than
otherwise would have been due under the Commission's wholesale transmission pricing
rules.
3. On July 23, 2002, the District Court in Cause No. 99-14787 entered its order, denying certain
declaratory and summary judgment relief requested by TMPA. On October 9, 2002, the
1 Proceeding to Modify ERCOT Transmission Rates for 1999 Pursuant to Subst. R, 23, 67, Docket No. 20381 (Aug,
11, 1999), Order on Rehearing (Oct. 13, 1999), Order Nunc Pro Tunc (Nov. 24, 1999),
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 2
District Court issued a final judgment in the consolidated appeals of Docket No. 20381,
reversing and remanding to the Commission certain TMPA issues related to the City of
College Station. With regard to all remaining points of error, including the transition
mechanism challenge by TMPA et al., the trial court sustained such points of error, reversed
the Commission's final order in Docket No. 20381, and remanded it to the Commission to
conduct further proceedings consistent with CPSB.
4. The judgment of the District Court in Cause No. 99-14787 became final with respect to the
issues raised by CPS Energy and the challenge by TMPA et al. to the transition mechanism.
The judgment was appealed by TMPA and the Cities of Denton, Garland and Greenville with
respect to other issues relating to the Commission's jurisdiction over the TMPA/Bryan power
sales contract.
5. The further appeals of the judgment in Cause No. 99-14787 resulted in a decision by the
Supreme Court of Texas, Texas Municipal Power Agency et al. v. Pub. Util. Comm'n of
Texas, 253 S.W.3d 184 (Tex. 2007). Thereafter, settlement negotiations between TMPA and
the Cities of Bryan, Denton, Garland and Greenville culminated in a settlement agreement
executed in December 2009, which resolved outstanding issues between the parties to that
agreement.
6. Following the decision of the Texas Supreme court in CPSB, CenterPoint and CPS Energy
filed separate suits in the 353rd Judicial District Court of Travis County, seeking recovery of
transmission charges paid by them pursuant to the transmission pricing rule invalidated in
CPSB.
7. The period of time relevant to the claims brought by CenterPoint and CPS Energy was the
32-month period extending from January 1, 1997 through August 31, 1999, during which the
Commission's original transmission pricing rules were applicable (September 1, 1999
marked the effective date of legislative amendments to the Public Utility Regulatory Act that
expanded and clarified the Commission's authority to adopt the wholesale transmission
pricing rules).
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 3
8. Negotiations among the settling parties2 in the CenterPoint and CPS Energy cases resulted in
a settlement agreement ("2003 Settlement") executed in September and October 2003 that
resolved all disputes and released all claims by the settling parties against each other relating
to wholesale transmission service, impacts on transmission facilities, and transmission
payment obligations during the period of January 1, 1997 through August 31, 1999, except
for "Preserved Claims" as defined in Section 5 of the 2003 Settlement.
9. On October 5, 2010, Commission Docket No. 387803 was opened for consideration of the
Remand of the Commission's Order in Docket No, 203 81.
10. On October 12, 2010, the parties to the 2003 Settlement filed in Docket No. 38780 a "Joint
Motion to Intervene, Request for Severance, and Request for Approval of [the 2003]
Settlement Agreement."
11. On October 26, 2010, TMPA and the Cities of Bryan, Denton, Garland, and Greenville filed
in Docket No. 38780 a notice of settlement and resolution of all claims between these parties
that were preserved under the 2003 Settlement.
12. On January 19, 2011, the Commission issued an Order on Remand in Docket No, 38780,
approving the 2003 Settlement and resolving all issues relating to transmission pricing from
January 1, 1997 through August 31, 1999.
13, The Order on Remand in Docket No. 38780 severed issues relating to transmission charges
for the period not resolved by the 2003 Settlement (September 1, 1999 through December 31,
1999) for separate consideration of issues that might affect the 1999 matrix for that period,
including invalidation of the transition mechanism, This severance resulted in the instant
proceeding, Docket No. 39066.
14, Except for the claims of CPS Energy raised in Docket Nos. 39066 and 39068 relating to the
level of its transmission cost of service and transmission cost recovery for the period of
September 1, 1999 through December 31, 2000 (the "CPS Energy TCOS Claims"), which are
2 All Parties to this proceeding or their corporate predecessors were settling parties in the 2003 Settlement.
s Remand of Docket No. 20381 (Proceeding to Mods ERCOT Transmission Rates for 1999 Pursuant to Subst. R,
§ 23,67).
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 4
not addressed by this Stipulation, the Signatories desire to completely and finally settle all
remaining issues that arise from or relate to wholesale transmission service and charges
within ERCOT for the period of September 1, 1999 through December 31, 1999, including
the remaining unresolved issues associated with the remand of the Commission's order in
Docket No. 20381 and any claims that could be asserted by any Signatory against another
Signatory for the relevant time period.
NOW THEREFORE, in consideration of the mutual covenants and promises of each Signatory,
the receipt and sufficiency of which each Signatory acknowledges, and in order to settle all
remaining issues in Docket No. 39066, the Signatories do hereby agree as follows:
III. Commitments and Releases
15. Each Signatory agrees to make and receive payments for wholesale transmission service for
the period of September 1, 1999 through December 31, 1999 (the "Wholesale Transmission
Cost Payments") in the amounts detailed in Exhibit A to this Stipulation.4 Signatories
malting Wholesale Transmission Cost Payments shall be referred to as "Payors," while
Signatories receiving Wholesale Transmission Cost Payments shall be referred to as
"Payees." Signatories further agree to request issuance by the Commission of an order
requiring Parties to Docket No. 39066, including those that are not Signatories, to make
Wholesale Transmission Cost Payments as detailed in Exhibit A and consistent with the
terms of this Stipulation.
16. The Signatories agree that, for a Payor whose rates for retail delivery service are set by the
Commission, the Wholesale Transmission Cost Payments are costs for wholesale
transmission service appropriate for future recovery by the Payor in its rates and charges for
retail delivery service.
17. Signatories that are Payors agree not to seek recovery of their Wholesale Transmission Cost
Payments in their wholesale transmission service rates.
4 Signatories shall make and receive payments as appropriate as the successors in interest to those entities listed in
Exhibit A. For example, the payments to be made by "Central Power and Light Company" in Exhibit A shall be
paid by Signatory AEP Texas Central Company. The payments to be received by "West Texas Utilities Company"
in Exhibit A shall be made to Signatory AEP Texas North Company.
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 5
18. To the extent Signatories participate in future proceedings in which a Payor seeks recovery of
its Wholesale Transmission Cost Payments in rates for retail delivery service, the Signatories
agree to actively support the Payor's request for recovery of such Wholesale Transmission
Cost Payments, but Signatories are not obligated to support the particular method of recovery
that the Payor proposes.
19. All Payors agree to make payments of their respective Wholesale Transmission Cost
Payments specifically assigned to each Payor and owed pursuant to this Stipulation to the
respective Payee(s) entitled to receive such payment(s) pursuant to this Stipulation within
thirty (30) calendar days after issuance by the Commission of a final appealable order
adopting this Stipulation and materially consistent with the Proposed Order attached hereto
as Exhibit C (the "Payment Due Date"), Wholesale Transmission Cost Payments shall be
deemed made when received by the Payee. Wholesale Transmission Cost Payments not
made by the Payment Due Date shall incur interest at the judgment rate established by the
Texas Office of the Consumer Credit Commissioner until paid.
20. Wholesale Transmission Cost Payments shall be made either by check or by electronic funds
transfer to a bank account indicated by the appropriate Payee.
21. Effective upon receipt by a Payee of a Wholesale Transmission Cost Payment from a Payor,
that Payee and that Payor (and their respective representatives, officers, employees, agents,
predecessors, successors, assigns, and legal representatives) RELEASE, DISCHARGE AND
FOREVER ACQUIT each other (and their respective representatives, officers, employees,
agents, predecessors, attorneys, successors, assigns, and legal representatives) for any and all
claims, demands, actions, causes of action at law or in equity, common law or statutory,
judicial or administrative, state or federal, of whatever kind, whether known or unknown,
now existing or that might later arise that have not yet accrued, that arise directly or
indirectly or that relate in any way to;
a. Wholesale transmission service within ERCOT during the period of September 1,
1999 through December 31, 1999;
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 6
b. The use of or impact of that Payor upon that Payee's transmission facilities within
ERCOT, or of that Payee upon that Payor's transmission facilities within ERCOT,
during the period of September 1, 1999 through December 31, 1999; or
c. That Payor's payment obligations or payments made to or received from that Payee
during or for the period of September 1, 1999 through December 31, 1999.
Notwithstanding the foregoing, this Paragraph 21 shall not preclude any Signatory in any
way from taking any position regarding the CPS Energy TCOS Claims deemed appropriate
by that Signatory to protect its interests. The Signatories further agree to request that the
Commission sever the CPS Energy TCOS Claims to the extent currently included in Docket
No. 39066, and to include such claims in Docket No. 39068.
22. The Signatories agree that this Stipulation constitutes a reasonable settlement of disputed
claims arising from wholesale transmission service in ERCOT provided and received during
the period of September 1, 1999 through December 31, 1999, and payment associated with
such service. The Wholesale Transmission Cost Payments detailed in Exhibit A are fair and
reasonable amounts appropriate for approval by the Commission in the remand of Docket
No. 20381. However, such amounts also reflect the benefits of reaching a settlement rather
than fully litigating such amounts including (1) the complex and lengthy litigation and/or
administrative process that would continue in the absence of this Stipulation; (2) the potential
delay in the recovery of any judgment that might be entered at the conclusion of the litigation
or administrative process; (3) the need to establish certainty regarding amounts to be paid or
received with respect to the period of September 1, 1999 through December 31, 1999; and
(4) the significant amount of attorneys' fees and other litigation expenses that would be
incurred by the Signatories in the absence of this Stipulation.
23. Attached hereto as Exhibit B are the testimonies of Matthew A. Troxle and Russell C. Huff
in support of the Stipulation.
24. Attached hereto as Exhibit C is a Proposed Order.
25. The Signatories hereby offer into evidence this Stipulation, including Exhibit A, Exhibit B,
and Exhibit C. The Signatories hereby stipulate and agree that all of the facts and matters
Stipulation and Motion for Approval Thereof — PUC Docket No, 39066-Page 7
stated in this Stipulation, including Exhibit A, Exhibit B, and Exhibit C, are true, accurate,
and correct, and may be relied upon by the Commission in resolving this proceeding.
26. The Signatories, therefore, urge the Commission to approve this Stipulation and issue a final
order consistent with the Proposed Order attached hereto as Exhibit C.
27. If the Commission does not adopt a final order that approves this Stipulation and that is
materially consistent with the Proposed Order attached hereto as Exhibit C, then (a) the
Signatories will have the right to withdraw from this Stipulation and to assume any position,
not inconsistent with any other agreements between the Signatories, they deem appropriate
with respect to any issue in this proceeding; and (b) consistent with Texas Rule of Evidence
408, the terms of this Stipulation may not be used as evidence in any future regulatory or
judicial proceeding involving Signatories that withdraw from this Stipulation pursuant to this
provision, except for a proceeding to enforce this Stipulation.
28. Except as provided in Paragraphs 16, 17, and 18 of this Stipulation, the Signatories further
agree that no Signatory is bound by the Stipulation's position, theories, or principles on any
issue in any future proceeding. A Signatory's agreement to entry of a final order of the
Commission consistent with this Stipulation should not be regarded as an agreement to the
appropriateness or correctness of any assumptions, methodologies, or legal or regulatory
principles that may have been employed in reaching this Stipulation.
III. Signatures
29. Each person executing this Stipulation represents that he or she is authorized to sign on
behalf of the Signatory represented. Facsimile copies of signatures are valid for purposes of
evidencing such execution. This Stipulation may be executed in multiple counterparts, each
of which is deemed an original but all of which constitute one and the same instrument.
IV. Prayer
WHEREFORE, PREMISES CONSIDERED, the Signatories respectfully pray for an order
consistent in all material respects with this Stipulation and with the Proposed Order attached
Stipulation and Motion for Approval Thereof— PUC Docket No. 39066-Page 8
hereto as Exhibit C, granting the relief requested herein and such other and further relief, not
inconsistent herewith, to which they are justly entitled.
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 9
Respectfully submitted,
Richard L. Adams
State Bar No. 00874950
Matthew C. Henry
State Bar No. 00790870
Megan C. Davis
State Bar No. 24045755
2001 Ross Avenue
Suite 3700
Dallas, Texas 75201
Telephone: 214.220.7700
Facsimile: 214.220 , 7716
ATTORNEYS FOR ONCOR ELECTRIC
DELIVERY COMPANY LLC
PUBLIC UTILITY COMMISSION OF
TEXAS STAFF
Bv:
Susan M. Stith
Attorney — Legal Division
State Bar No. 24014269
(512) 936-7275
(512) 936-7268 (fax)
Public Utility Commission of Texas
1701 N. Congress Avenue
P.O. Box 13326
Austin, Texas 78711-3326
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 10
CENTERPOINT ENERGY, INC.
Thomas B. Hudson, Jr.
State Bar No. 10168500
GRAVES DOUGHERTY HEARON &
MOODY, P.C.
PO Box 98
Austin, Texas 78767-0098
(512) 480-5740 - Telephone
(512) 480-5840 - Facsimile
thudson@gdhm.com
COLEMAN COUNTY ELECTRIC
COOPERATIVE, INC.
CONCHO VALLEY ELECTRIC
COOPERATIVE, INC.
SOUTHWEST TEXAS ELECTRIC
COOPERATIVE, INC.
TAYLOR ELECTRIC COOPERATIVE, INC.
BY:
Tom W. Gregg, Jr.
State Bar No. 08430000
ATTORNEY AT LAW
PO Box 1032
San Angelo, Texas 76903
(325) 655-9188 - Telephone
(325) 655-9180 —Facsimile
tomgreggjr@aol.com
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 11
BRAZOS ELECTRIC POWER
COOPERATIVE, INC.
James R. Bailey
State Bar No. 01525200
James R. Bailey, PLLC
9600 Escarpment Blvd., Suite 745-19
Austin, Texas 78749
(512) 431-7484—Telephone
(512) 367-5997 —Facsimile
jim@jrbaileylaw.com
Philip R. Segrest
State Bar No. 17996000
SEGREST & SEGREST, P.C.
28015 West Highway 84
McGregor, Texas 76657
(254) 848-2600 - Telephone
(254) 848-2700 - Facsimile
philip.segrest@segrestfirm.com
Stipulation and Motion for Approval Thereof — PUC Docket No, 39066-Page 12
BRAZOS POWER MARKETING
COOPERATIVE, INC.
By:
James R. Bailey
State Bar No. 01525200
James R. Bailey, PLLC
9600 Escarpment Blvd., Suite 745-19
Austin, Texas 78749
(512) 431-7484 — Telephone
(512) 367-5997 —Facsimile
jim@jrbaileylaw.com
Philip R. Segrest
State Bar No. 17996000
SEGREST & SEGREST, P.C.
28015 West Highway 84
McGregor, Texas 76657
(254) 848-2600 - Telephone
(254) 848-2700 - Facsimile
philip. Segrest@segrestfirm, com
CITY OF GRANBURY
By:
Richard L. Crozier
State Bar No. 05176500
DAVIDSON & TROILO, P.C.
919 Congress Avenue, Suite 810
Austin, Texas 78701
(512) 469-6006 - Telephone
(512) 473-2159 -Facsimile
rcrozier@davidsontroilo.com
Stipulation and Motion for Approval Thereof — PUC Docket No, 39066-Page 13
PUBLIC UTILITIES BOARD OF THE
CITY OF BROWNSVILLE
BY:
Richard L. Crozier
State Bar No. 05176500
DAVIDSON & TROILO, P.C.
919 Congress Avenue, Suite 810
Austin, Texas 78701
(512) 469-6006 - Telephone
(512) 473-2159 -Facsimile
rcrozierQdavidsontroilo. com
CITY OF WEATHERFORD
By:
Richard L. Crozier
State Bar No. 05176500
DAVIDSON & TROILO, P.C.
919 Congress Avenue, Suite 810
Austin, Texas 78701
(512) 469-6006 - Telephone
(512) 473-2159 -Facsimile
rcrozierndavidsontroilo. com
SHARYLAND UTILITIES, L.P.
By:
Richard P. Noland
State Bar No. 15063500
Alicia Rigler
State Bar No. 24075464
SUTHERLAND ASBTLL & BRENNAN LLP
Austin Centre
701 Brazos Street, Suite 970
Austin, Texas 78701-2559
512.721.2700 (Telephone)
512,721.2656 (Facsimile)
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 14
AEP TEXAS CENTRAL COMPANY AND
AEP TEXAS NORTH COMPANY
John F. Williams
Duggins Wren Mann & Romero, LLP
P.O. Box 1149
Austin, Texas 78767
512-744-9300
CHEROKEE COUNTY ELECTRIC
COOPERATIVE ASSOCIATION
DEEP EAST TEXAS ELECTRIC
COOPERATIVE, INC.
GUADALUPE VALLEY ELECTRIC
COOPERATIVE, INC.
SUCCESSOR TO DEWTIT ELECTRIC
COOPERATIVE, INC.
EAST TEXAS ELECTRIC
COOPERATIVE, INC.
HOUSTON COUNTY ELECTRIC
COOPERATIVE, INC.
TEX-LA ELECTRIC COOPERATIVE OF
Texas, INC.
Marls C. Davis
State Bar No. 05525050
BRICKFIELD BURCHETTE RITTS &
STONE, P.C.
1005 Congress Avenue, Suite 400
Austin, Texas 78701
(512) 472-1081 -Telephone
(512) 472-7473 - Facsimile
mdavis@bbrsaustin.com
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 15
CITY OF AUSTIN DB/A AUSTIN
ENERGY
Maria Sanchez
State Bar No. 17570810
Austin Energy
721 Barton Springs Road, Suite 509
Austin, Texas 78704
(512) 322-6215 -- Telephone
(512) 322-6521— Facsimile
maria. s anchez@austinenergy. com
CITY OF COLLEGE STATION
mot
Joe N. Pratt
State Bar No. 16240100
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
(512) 472-8021 -Telephone
(512) 320-5 63 8 -Facsimile
sfop,el@bickerstaff.com
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 16
GEUS (FORMERLY GREENVILLE
ELECTRIC UTILITY SYSTEM)
James G. Boyle
State Bar No. 0279500
THE LAW OFFICES OF JIM BOYLE
1005 Congress, Suite 550
Austin, Texas 78701-2415
(512) 472-1492 - Telephone
(512) 474-1784 - Facsimile
jboyleni imboylelaw.com
FLORESVILLE ELECTRIC LIGHT AND
POWER SYSTEM
Thomas K. Anson
State Bar No. 01268200
STRASBURGER & PRICE, L.L.P.
600 Congress Avenue, Suite 1600
Austin, Texas 78701
(512) 499-3608 - Telephone
(512) 536-5718-Facsimile
tom.anson a,strasburger.com
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 17
CITY OF GARLAND,
DENTON MUNICIPAL ELECTRIC
TEXAS MUNICIPAL POWER AGENCY
Un
Lambeth Townsend
State Bar No. 20167500
LLOYD GOSSELINK ROCHELLE &
TOWNSEND, P.0
(512) 322-5800 - Telephone
(512) 472-0532 - Facsimile
lownsend@lglawfirm.com
CITY OF HEARNE
Christopher Malish
State Bar No. 00791164
MALISH & COWAN, P.L.L.C.
1403 West Sixth Street
Austin, Texas 78703
(512) 476-8591 - Telephone
(512) 477-8657 - Facsimile
cmalish a,malishcowan.com
LOWER COLORADO RIVER
AUTHORITY
Mot
Paul M. Shinlcawa
State Bar No. 18266500
LOWER COLORADO RIVER
AUTHORITY
PO Box 220
Austin, Texas 78767-0220
(512) 473-4011 - Telephone
(512) 473- 4010 - Facsimile
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 18
MEDINA ELECTRIC COOPERATIVE,
INC.
LIN
Dennis W. Donley, Jr.
State Bar No. 24004620
NAMAN, HOWELL, SMITH & LEE, L.L P.
8310 Capital of Texas Hwy, N, Suite 490
Austin, Texas 78731
(512) 479-0300 - Telephone
(512) 474-1901 - Facsimile
donle a namanhowell.com
RIO GRANDE ELECTRIC
COOPERATIVE,
INC.
Alton J. Hall, Jr.
State Bar No. 0874370
EPSTEIN BECKER GREEN WICKLIFF &
HALL
1000 Louisiana, Suite 5400
Houston, Texas 77002
(713) 750-3100 - Telephone
(713) 750-3101 - Facsimile
ahall@ebglaw.com
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 19
SAN MIGUEL ELECTRIC
COOPERATIVE, INC.
Bv:
J. Kay Trostle
State Bar No. 20238300
SMITH TROSTLE LLP
707 West Avenue, Suite 202
Austin, Texas 78701
(512) 494-9500- Telephone
(512) 494-9505 - Facsimile
ktrostle@smithtrostle. cam
SOUTH TEXAS ELECTRIC COOPERATIVE,
INC.
Jo Campbell, Attorney
State Bar No, 03707800
LAW OFFICES OF JO CAMPBELL
PO Box 154415
Waco, Texas 76715
(254) 799-2978 - Telephone
(254) 799-2217 - Facsimile
,Jocampbel l@stec.org
Stipulation and Motion for Approval Thereof — PUC Docket No. 39066-Page 20
BIG COUNTRY ELECTRIC
COOPERATIVE, INC.
CITY OF BRYAN
FARMERS ELECTRIC COOPERATIVE,
INC.
GRAYSON COLLIN ELECTRIC
COOPERATIVE, INC.
LAMAR COUNTY ELECTRIC
COOPERATIVE ASSOCIATION
MAGIC VALLEY ELECTRIC
COOPERATIVE, INC.
RAYBURN COUNTRY ELECTRIC
COOPERATIVE, INC.
TRINITY VALLEY ELECTRIC
COOPERATIVE, INC.
Campbell McGinnis
State Bar No. 13630500
MCGINNIS LOCHRIDGE AND KILGORE
919 Congress Avenue, Suite 1300
Austin, Texas 78701
(512) 495-6046 - Telephone
(512) 505-6346 -Facsimile
emeginnis@mcgiiinislaw.com
TEXAS -NEW MEXICO POWER
COMPANY
Scott Seamster, Corporate Counsel
State Bar No. 00784939
225 E. John Carpenter Fwy., Suite 1500
Irving, Texas 75062746
(469) 484-8577 -Telephone
(469) 484-8033 —Facsimile
S cott. S eamster@pn=esources. com
Stipulation and Motion for Approval Thereof — PUC Docket No, 39066-Page 21
0
i 14:401al000... O }aj allow
ll o�H
u��go���000
9 3 7#—fifL b� Y iG — n—a y1 d y uVS Lb
m""'o F"'G�'oo 000q.vo"NG""oom0000 n""' 000 i6"o""'o a'� o"oo"
V!O b o o o o o o a o 0 0 0 0 0 0 ....... 00 .... 0 0 0 0 0 0 0 o 0 o o w C o q p o 0 0 o O
a VI
8
8 a �q Eogwggppgwp� co�wggq�gig, 0 C
$�0 hi01n3�o g0i�n"
vvY�pSS I:�a_i Ic `� .f V rpFlt .:7t aa^Vd4G' �%L, — V A
���N^og�%'000000�o�����00000q£a���000�R�ca�c��Fo�oc6
O o N O o 0 f0 o N m
Y1 �p YI
0
F
a .........
00000000o
Q�� 0 6•
"� I.!
�pp��pq�o00000 �ommm am000000NFFwo
g
x
ui
O A
iiJJ n 77 .-i � m iJ
Rook ... y g o g k o o o 0 0 0 0$ m p o 4 0 0 0 0 o a@ ryn�,a o 0 0 0 0 0 0 0 0 p m o
g da
Y p
s E
s Yea a zs p.g
AII
110 H
��$u{�iutidiFiBcicY�s$uud�3§2a�SS3tR�r9��r�3
tlog o Nmamenmm2w:I0atj 0° IYgR90sQrA4. qF�A4RmmmmRArAMMg4"dq$'Q'S^oa°'°wa UG%atR
0
��m R�oN�Coob000 �o��N�Eoo„ooPopo���ogPaq
x
O O O o o D O o D O D O o 0 o O D O D D o P D o 0 0 0 O O O O O O O O P O O O P P OOP P O O O O O
IA �I
x
ccrOOOO OOOg � D O �n OOO OOO �� OOOOOOOOOO �O Q� O
W o o lei b o o 1g O m o o O P o 0 o Q O o 0 0 0 O P o Oq i`! ..........
..........
A T
�7L
m� �Po�agp��P��u�gaaDPOP�.�-oo��000Popg$POPPPOPeboYiovinao g
M p � 3r7 m i'� 7NN i�i
p +�
Z
t7f 3 b N '�4
O
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O D O O O O O O O O O D O D O O O O tl
8 8 8 8$ ii
� F V
� A E
Mg
i Y �' �$ n� � � c r R o �$ •� t` L 3U' �� 5 9 D Q
o„8�lu�tt�3�sEcu�1 3 2fd9 9St�R`R���r�r°���ru�3
x
a j nm a nm� aT� j Y 7 ai 7 9P°�°J9F11y�5AnA�i�lRmfnlRi$ Yin��lge���2i6}°��nL'v�vmXvi
a
a
... go ..........
0� o r (�
.i n �' M rt er�3 Xrii iaM1 v ^p bid 74
a O O O O O O O ..... O ... O o 0 ......... o ... co ........ o o o 0 0 0
a g c c c y c a mffi' b o o b e c o o o a g c o 0 0 o c g� c o 0 0 0 0 0 0 o b
R o O y 0 0 09
" PPnn ��ii 660o t'� v
�oo�od ora� ova A y� 0 00 0000�g oo �gg00000 o pqo 0000000 oo�opi Qo y,�+
c�
$ o" s n o 0 0 0 0 o u o g n 0 0 0" `"
o oOOOoo a o0 000o F 000r?6i'6a oia6 0 00
o a 0 a 0 0 0 0 0 0 0 o O o 0 a o e 0 0 0 0 o b .......... 00.00000000C..
Z 3
g �
3 V�00�o0 or�r�j•�O�g$ 0000Ooo �O�Oo�q� 000000 ��oo0 0000000 �o�fyo }yN{
�a
M m o o S o 0 o S o �n o 0 0 0 0 0 0 nm o o �y qZ 0 o a o 0 0 :q� ..........
0000000oa �r ....
mll• r7 $
O T�Nrt
Z Q ggoo�000 m�o�sin o00000o roo �n vi o o o b b o 000000000�0o .+
O
�Uy O O b o O o a O O o a O O O o 0 0 o O O O O O O O O O e O O O O O O O d O O O O O O O O o O O O O b
yp s T
888 u �� Z SpfuLL �i V' t9 l7Txx�e ig f �.c Ji �7f "ern FF F' •5 ,ii
O IFri EV '9
n
.}! X {y�� G
�'c V t7y oo',A c= z ESutygY }$g��ptS �'p ,�y i l��tUil.Opg GN .}� �, pu
E r o LY1, u 4
3 uyta cc�ci d°l7_ �$�9� .�j °lib E �I �m� °2�? aa9rc
oA$x�xaEsa�� axAz38��
e Ell Nme.nwnwm
s.".•'.J"a.�+".-I`.9h+°3.°3R�FIgr"rYJ`r9A��°JRln'InmA'fd�4I��Pngeva�aonoBv9�u�iuNi'vi"v�q
z
L6
a
O opgoo o p QZR 0000 o OP R{�Q oo WOO o.. ooO 000Oop o �ioui �Qo j a�uiM" Yavii
O iD g ...... OO O Q ....
OOO Q m O O q �' O O N p O -_-
-galas
�f47 fY`:� .�!1 jai pdp `Y'14
g o �u"p000ww'�o � m oo�000p� ggnowoo^� o��o���o�oo�
z z
0
O D
((F(�.� a
xm ......
O w$ O
Z u!
ru
{iYui F idIQm m 4i
O'
O
R O O O O o 0 0 0 0 e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .............
O o 0 0 o p o p
c tt�� xx
c
Ji
an8
cc
O 2 u JE g 7tS �a 2 ii E F.
v�p3 � € � u�s� � uti u @ �� c�sdyy � �� � 2�•§ v �.j�Fyt' �i �{�ji aR G i
QV� 41pp pppp QQ,� V.
qry� n
O n a V n N� UI Y5 � N