HomeMy WebLinkAboutR2013-033sAlegakour documentsVesolutionsUMatmos midtex -rrm 2013 -2- resolution approving settlement - final- 1001 13.docx
RESOLUTION NO. 82013 -033
AN RESOLUTION BY THE CITY OF DENTON, TEXAS ( "CITY "), APPROVING A
CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID -TEX DIVISION
( "ATMOS ") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS
TEXAS MUNICIPALITIES ( "ATM ") UNDER THE RATE REVIEW MECHANISM;
FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY'S RATE -
CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF
THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of Denton, Texas ( "City ") is a regulatory authority under the Gas
Utility Regulatory Act ( "GURA ") and under § 103.001 of GURA has exclusive original
jurisdiction over Atmos Energy Corporation — Mid -Tex Division's ( "Atmos ") rates, operations,
and service of a gas utility within the municipality; and
WHEREAS, Section 103.021 of GURA authorizes the City to obtain information from
Atmos as necessary to make a determination of the basis for the Atmos' proposed increase in
rates; and
WHEREAS, Section 103.022 of GURA provides that Atmos shall reimburse the City its
reasonable cost of engaging personnel to assist it in reviewing Atmos' application; and
WHEREAS, the City has participated in prior cases regarding Atmos as part of a
coalition of cities known as the Atmos Texas Municipalities ( "ATM "); and
WHEREAS, the Rate Review Mechanism ( "RRM ") for 2013 that Atmos filed with the
City Secretary on or around July 15, 2013 proposed a system -wide increase of $22.7 million; and
WHEREAS, experts representing ATM have analyzed data furnished by Atmos and have
interviewed Atmos' management regarding the RRM; and
WHEREAS, it is necessary to establish the benchmark cost for Pensions and Other Post
Employment Benefits (Pension/OPEB); and
WHEREAS, on September 26, 2013, ATM and Atmos entered into a settlement
agreement which would provide for a net increase of $16.6 million. This will cause the rates to
increase by $0.74 per month for a typical residential customer; and
WHEREAS, the settlement agreement's net decrease to Atmos' previously filed request
would be approximately 27% less than such filed RRM; and
WHEREAS, the Steering Committee of ATM and its counsel recommend approval of the
attached tariffs, set forth as Attachment A; NOW, THEREFORE,
s: \legal \our documents \resolutions \13 \atmos midtex -rrm 2013 -2- resolution approving settlement - final- 1001 13.docx
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in this Resolution are hereby in all things approved.
EX "'IION 2. The amended tariffs in Attachment A are hereby adopted to become
effective on November 1, 2013.
SECTION 3. The benchmark for Pension and Other Post Employment Benefits shall be
as shown in Atmos' RRM 2013 Application at Workpapers F -2.3 and F- 2.3.1, for fiscal year
2013, appended to this Resolution as Attachment B.
SECTION 4. Atmos is hereby directed to reimburse the City's costs, as part of the
Atmos Texas Municipalities, of engaging counsel, rate consultants, and other personnel in
assisting the City in its investigation of Atmos' proposed increase in rates.
SECTION 5. To the extent any Resolution or Ordinance previously adopted by the City
Council is inconsistent with this Resolution, it is hereby superseded.
SECTION 6. The meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 7. If any one or more sections or clauses of this Resolution is judged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
SECTION 8. This Resolution shall become effective from and after its passage.
SECTION 9. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation,
5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera &
Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
PASSED AND APPROVED this the day of _, 013,
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s: \legal \our documents \resolutions \13 \atmos midtex -rrm 2013 -2- resolution approving settlement - final- 1001 13.docx
APPROVED AS TO LEGAL FORM;
ANITA L? RI LESS, CITY ATTORNEY
BY: �' ".....� "..'
ATTACHMENT A
Rate Schedules
Rate Schedule: R — Residential Sales
Rate Schedule: C — Commercial Sales
Rate Schedule: I — Industrial Sales
Rate Schedule: T — Transportation Sales
Rate Schedule: WNA — Weather Normalization Adjustment
4
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R — RESIDENTIAL SALES
_ AREAS
EXCEPT THE .... -- - -._.:
DALLAS AND UNINCORPORATED A�IVI S EX
APPLICABLE TO: ALL CUSTOMERS IN THE �MI CITY OF
EFFECTIVE DATE: Bills Rendered on or after 11/0
....m....._.. _
11/01/2013
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 17.70 per month
Rider CEE Surcharge $ 0.02 per month'
Total Customer Charge $ 17.72 per month
Commodity Charge — All Ccf $0.05831 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s)
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2011
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
— CUSTOMERS DIVISION USTOMERS IN THE MID -TEX � EXCEPT THE CITY OF
_ --
DALLAS AND UNINCORPORATED
APPLICABLE TO: AREAS
a
EFFECTIVE DATE. Bills Rendered on or�
after 11/01/2013
/0112013
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 35.75 per month
.......
Rider CEE Surcharge $ 0.10 per month'
Total Customer Charge $ 35.85 per month
Commodity Charge – All Ccf $ 0.06893 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required,
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2013.
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE.. I – INDUSTRIAL SALES
�. ._. .... _... ......_. . ....
APP LICABLE TO: CUSTOMERS IN THE ID-TEX DIVISION EXCEPT
THE CITY OF
DALLAS UNINCORPORATED A EA
/01/2
013
EFFECTIVE DATE: Bills Rendered on or after 11—
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 620.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.2565 per MMBtu
Next 3,500 MMBtu $ 0.1879 per MMBtu
L: All MMBtu over 5,000 MMBtu $ 0.0403 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I — INDUSTRIAL SALES
APPLICABLE ALLAS AND CUSTOMERS THE ID T THE CITY OF
LE TO. -
TED AREAS
�._.._.. _ ...... TEX DIVISION EXCEPT
... .. .............
EFFECTIVE DATE Bills Rendered on or after 1110112013
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company,
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 620.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.2565 per MMBtu
.... . .....
....._
Next 3,500 MMBtu $ 0.1879 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0403 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T —TRANSPORTATION
CUST
APPLICABLE TO: ALL LAS M�ERS IN THE MID -T
O
EX DIVISION EXCEPT THE CITY OF
I DAL AND UNINCORPORATED AREAS
EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID -TEX DIVISION
ATMOS ENERGY CORPORATION
.... 1- .
RIDER: WNA - WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO. CUSTOMERS INT
DALLAS AND HE MID - E REAS DIVISION EXCEPT THE CITY OF
UNINCORPORATED _
EFFECTIVE DATE: Bills Rendered on or after
11101/2013
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one - hundredth cent
per Ccf by the following formula:
(HSFi x (NDD -ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri - Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi - heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD - billing cycle normal heating degree days calculated as the simple ten -year
average of actual heating degree days.
ADD billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA; = WNAF; x q;j
Where q;j is the relevant sales quantity for the jth customer in ith rate schedule.
Base Use /Heat Use Factors
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com /mtx -wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
Residential
Commercial
Base use Heat use
Base use
Heat use
Weather Station
Ccf
Ccf /HDD
Ccf
Ccf /HDD
Abilene
9.97
0.1318
96.50
0.5659
Austin
11.05
0.1262
189.59
0.7195
Dallas
13.13
0.1832
171.84
0.8797
Waco
9.78
0.1262
117.60
0.5774
Wichita
10.99
0.1297
107.70
0.5041
Falls
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com /mtx -wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
ATTACHMENT B
Pension and Other Post Employment
Benefits Benchmark
Workpapers F -2.3 and F -2.3.1
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Reedy, Toni L.
From:
Angie Shepard [ashepard @longviewtexas.gov]
Sent:
To:
Monday, September 30, 2013 4:53 PM
Alexander, Steve; Amy Harris; Andrea Gardner; Ann McCord; Arcos, Dee; Barbara Pederson;
Beth Nemeth; Bill Funderburk; Bowling, Lysia; Brown, Larry; Charles McLean; Cindy Gross;
Cindy Scott; Clark Cornwell; Clayton, Marc; Connie Standridge; Copeland, Michael S.; Danny
Parker; David Ivey; Delaney, Cheryl; Demers, Cindy; Diane Evans; Dominguez, Harold;
Dreamer, Christa; Ed Thatcher; Eichblatt, Shannon; Emery, Troy; Galanides, Stephanie;
Gayle, J,, Harper, Jack, Hugh Walker, Jenkins„ Jeff; Jerry Barker; Jim Briggs; Jim Finley;
Knight„ John M,; ,Johnson, Abby; KeNini Knauf; Lance Vanzant; Lauri Gillam; Laurie Brewer;
Laurie Mays; Lawrence, Lee; Linda Boshek° Luis Lobo; McMullan, Cathy; Michael Stoldt; Mike
Briced Money, Brent; Monte Akers, Mueller, Anita; Neal, Stuart; Nelson, Judy; Newell, Debra;
Nolan, Beth, Pak McGowan; Patti Soto; Paul Mayers; Puente, Antonio; Rob Lindsey; Roberts,
Tonya; Robertson, Opal; Roger Mumby; Rondella Hawkins; Routt, Adabeth; Sam Listi; Sharon
Johnson; Stanton, Martha; Steve Sheets; Swope, Billie; Talbert, Sharon; Terri Newhouse;
Thompson, Karen; Torres, Connie; Upton, Chuck; Wade, Brandon; Warren, Karen; White,
Subject:
Sara; Wilkins, Laura; Alfred Herrera
ATM - Atmos MidTex Rate Review Mechanism - 2013 Recommendation
Attachments:
Atmos MidTex -RRM 2013 -9- Workpaper F- 2- 3- 1- 07- 15- 13.pdf; Atmos MidTex -RRM 2013-8 -
Workpaper F- 3- 2- 3- 07- 15- 13.pdf; Atmos MidTex -RRM 2013-7- Tariff -WNA-
Effective- 110113.doc; Atmos MidTex -RRM 2013-6-Tariff-Transportation-
Effective-1 101 13.doc; Atmos MidTex -RRM 2013 -5- Tariff - Industrial- Effective- I 10113.doc;
Atmos MidTex -RRM 2013 -4- Tariff - Commercial- Effective- 110113.doc; Atmos MidTex -RRM
2013 -3- Tariff - Residential- Effective- 110113.doc; Atmos MidTex -RRM 2013 -2- Ordinance
Approving Settle ment- FINAL- 092613.docx; Atmos MidTex -RRM 2013 -1 -AIS Accompanying
Ordinance - FINAL- 092613.doc
Each ATM city needs to adopt the attached Ordinance and attachments. Included with the Ordinance
are two sets of documents: (A) "Attachment A" is comprised of the actual tariffs being adopted; and
(B) Workpapers F -2.3 and F- 2.3.1, which identify the benchmark cost for Pension and Other Post
Employment Benefits (Pension /OPEBs), that we need to establish now for use in future RRM
applications /rate cases.
Each ATM city should make every effort to adopt the attached Ordinance by no later
than November 1, 2013. Note that the agreed rates will effective for service rendered on and
after Nov. 1, 2013.
As usual, should anyone have any questions on this, please do not hesitate contacting me.
Best regards,
Arh
Alfred R. Herrera
Herrera & Boyle, PLLC
816 Congress Ave., Suite 1250
Austin, Tx 78701
512 - 474 -1492 (ofc)
512 - 474 -2507 (fax)
512 - 233 -2896 (efax)
512 - 653 -6462 (mobile)
CONFIDENTIALITY NOTICE
771is message contains information thal in ay be subject to (lie atforney- client or work pioduct privilege, or otherwise confidential and
exempt from disclosure under° applicable law. Unless expressly stated otherwise, nothing coolained in this message should be
construed as a digital or electronic signature, nor is this rr os age intended to reflect a17 intention to ro ake an agreement by electronic
means. DO NOT COPY OR FORWARD TO UNAUTHORIZED PERSON& If you are not the into tided recipient or the employee or
agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution,
copying or f0rw014ing of this communication is strictly prohibr °ted. Unauthofi ed interception of this message, may be in violation of the
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immediately at our telephone number: (903) 237 - 1091.
Reedy, Toni L.
From: Knight, John M.
Sent: Tuesday, October 01, 2013 4:06 PM
To: Reedy, Toni L.
Subject: FW: ATM - Atmos MidTex Rate Review Mechanism - 2013 Recommendation
Attachments: Atmos MidTex -RRM 2013 -1 -AIS Accompanying Ordinance - Resolution- FINAL- 1001 13.doc;
Atmos MidTex -RRM 2013 -2- Resolution Approving Settlement- FINAL- 1001 13.docx
John M. Knight
From: Angie Shepard [ma i Ito: ashepard longviewtexas.gov]
Sent: Tuesday, October 01, 2013 3:40 PM
To: Alexander, Steve; Amy Harris; Andrea Gardner; Ann McCord; Arcos, Dee; Barbara Pederson; Beth Nemeth; Bill
Funderburk; Bowling, Lysia; Brown, Larry; Charles McLean; Cindy Gross; Cindy Scott; Clark Cornwell; Clayton, Marc;
Connie Standridge; Copeland, Michael S.; Danny Parker; David Ivey; Delaney, Cheryl; Diane Evans; Dominguez, Harold;
Dreamer, Christa; Ed Thatcher; Eichblatt, Shannon; Emery, Troy; Galanides, Stephanie; Gayle, J.; Harper, Jack; Hugh
Walker; Jenkins, Jeff; Jerry Barker; Jim Briggs; Jim Finley; Knight, John M.; Kelvin Knauf; Lance Vanzant; Lauri Gillam;
Laurie Brewer; Laurie Mays; Lawrence, Lee; Linda Boshek; Luis Lobo; Michael Stoldt; Mike Brice; Monte Akers; Mueller,
Anita; Nelson, Judy; Newell, Debra; Nolan, Beth; Pat McGowan; Patti Soto; Paul Hayers; Puente, Antonio; Rob Lindsey;
Roberts, Tonya; Robertson, Opal; Roger Mumby; Rondella Hawkins; Routt, Adabeth; Sam Listi; Sharon Johnson; Stanton,
Martha; Steve Sheets; Swope, Billie; Talbert, Sharon; Terri Newhouse; Thompson, Karen; Torres, Connie; Upton, Chuck;
Wade, Brandon; Warren, Karen; White, Sara; Wilkins, Laura; Alfred Herrera
Subject: RE: ATM - Atmos MidTex Rate Review Mechanism - 2013 Recommendation
Some cities have inquired whether they can adopt the RRM 2013 settlement rated by way of Resolution.
Whether a city may adopt rates by way of Resolution varies from city to city. Some cities' Charters require
rates to be adopted by Ordinance and others' Charters do not specify. Whether a city requires adoption by
ordinance is something a city's City Attorney would need to answer.
For those cities that may adopt rates by Resolution, I have attached a "Resolution" and accompanying Agenda
Item Sheet that approves the settlement and settlement rates for those cities that can act by resolution. The
other documents we sent out earlier this week would also need to be appended to the Resolution. "Attachment
A" is comprised of the actual tariffs and "Attachment B" is comprised of the benchmark amount for
Pension/Other Post Employment Benefits.
Some cities have also asked what action to take if a city cannot take final action by Nov. 1, 2013. If a city that
cannot take final action by Nov. 1, 2013 (e.g., second reading until after Nov. 1), each city should
nonetheless take action on first reading ASAP.
Best regards,
Arh
Alfred R. Herrera
Herrera & Boyle, PLLC
816 Congress Ave., Suite 1250
Austin, Tx 78701
512 - 474 -1492 (ofc)
512 - 474 -2507 (fax)
512 - 233 -2896 (efax)
512 - 653 -6462 (mobile)
CONFIDENTIALITY NOTICE
This message contains information that may be subject to the attomey - client or work product privilege, or otherwise confidential and
exempt from disclosure under applicable law. Unless expressly stated otherwise, nothing contained in this message should be
construed as a digital or electronic signature, nor is this message intended to reflect an intention to make an agreement by electronic
means. DO NOT COPY OR FORWARD TO UNAUTHORIZED PERSONS. If you are not the intended recipient or the employee or
agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution,
copying or forwarding of this communication is strictly prohibited. Unauthorized interception of this message may be in violation of the
Electronic Communications Privacy Act, 18 U.S.C. §2510 et seq. If you have received this communication in error, please notify us
immediately at our telephone number: (903) 237 - 1091.