HomeMy WebLinkAbout2000-0685 \Our Wc=enU\0ry,nences\00\txu=ff suspension doc
ORDINANCE NO a00-06
AN ORDINANCE SUSPENDING TXU ELECTRIC COMPANY'S TARIFF FILING
PURSUANT TO SUBSTANTIVE RULE 25 241 REQUESTING REVISIONS TO 27 OF ITS
RETAIL RATES/RIDERS FOR SALES OF ELECTRIC SERVICE TO ITS CUSTOMERS IN
THE CITY OF DENTON, TEXAS FILED ON JANUARY 25, 2000, FOR 90 DAYS BEYOND
THE EFFECTIVE DATE TO PERMIT THE CITY TIME TO STUDY AND MAKE
RECOMMENDATIONS REGARDING THE PROPOSED CHANGES, ADOPTING
DECLARATIONS AND FINDINGS IN THE PREAMBLE, PROVIDING THE REASONS
THEREFORE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on January 25, 2000, TXU Electric Company, hereinafter referred to as
"TXU" filed with the City its TXU Electric Company's Tariff Filing Pursuant to Substantive
Rule 25 241, requesting revisions to 27 of its retail rates/riders to modify, close, or delete certain
existing tariffs effective March 1, 2000, and
WHEREAS, it is reasonable for the City to review TXU's application to allow sufficient
time for the City to determine how to address the company's filing, and
WHEREAS, PURA Section 36 108(a)(1) grants the local regulating authority the right to
suspend the effective date of proposed rate changes for up to 90 days, and
WHEREAS, the City Council has determined that TXU's proposed tariff filing which
would revise 27 of its retail rates and riders to its customers within the City should be suspended
to a future date, to wit to a time 90 days after the proposed effective date of March 1, 2000, for
the following reasons
1 That the City Council of the City of Denton is charged with the duty of making a
"reasonable determination" of rate base, expense, investment, and rate of return
within the municipal boundaries of Denton,
2 That Section 13 04(a) of the City Charter imposes a duty on the City Council to
determine, fix, and regulate the charges, fares, or rates of all public utilities operating
within the City,
3 The City Council has not had sufficient time to analyze and study the proposed
changes in tariffs and needs additional time to study, review, and make
recommendations concerning the proposed changes, and
4 That the City Council may, in order to reach a determination of the justness,
reasonableness, and propriety of such rate change, decide it will be necessary to
employ rate experts to investigate and analyze such proposed rates and to advise and
report to the City Council their findings concerning the proposed changes in tariffs,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S \Our D.... X06nencu\00Uxu tariff suspension doc
SECTION 1 That, in accordance with §36 108(a)(1) of the Utilities Code (1999) and all
other applicable laws, the proposed change in tariffs by TXU of the rates for electric services in
the City be, and the same is hereby suspended for a period of 90 days after March 1, 2000, the
date on which the schedule of proposed change in tariffs would otherwise have gone into effect,
or until May 30, 2000 to permit adequate time to review and study the proposed changes
SECTION 2 That the City Manager is hereby directed to send a copy of this ordinance,
which shall constitute a written statement of the City of Denton's reasons for suspending the
operation of the revision of these rates, to officials of TXU
SECTION 3 That all of the declarations and findings contained in the preamble to this
ordinance are made a part hereof and shall be fully effective as a part of the ordained subject
matter of this ordinance
SECTION 4 That should any portion, section, or part of a section of this ordinance be
declared invalid, inoperative, or void for any reason by a court of competent jurisdiction, such
decision, opinion, or judgment shall in no way impair the remaining portions of this ordinance,
which said remaining provisions shall be and remain in full force and effect
SECTION 5 That this ordinance shall take effect and be in force from and after its
passage, and it is so ordained
PASSED AND APPROVED this the A —day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
A"ROVED AS TO LEGAL FORM ,
HERBERT L PROUTY, C Y AT J EY
BY
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