2012-119s:Uegallour documentslordinances1121atmos-midtex-atm denial ordinance.docx
ORDINANCE NO. 2012-119
AN ORDINANCE BY THE CITY OF DENTON, TEXAS, ("CITY") DENYING A R.ATE
INCREASE REQUESTED BY ATMOS ENERGY CORPORATION ON OR ABOUT
JANUARY 31, 2012; DETERMINING THAT THE MEETING COMPLIED WITH THE
TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Corporation ("Atmos" or "Company") filed a Statement of
Intent with the City on or about January 31, 2012 to change increase its revenue and change its
rate schedules within the corporate limits of the City, specifically to increase its system-wide,
annual revenue requirement by approximately $49.0 million which is an increase in base-rate
exclusive of cost of gas of approximately 12%; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and under Chapter 104, § 103.001 et seq. of GURA has exclusive original
jurisdiction over Atmos' rates, operations, and services within the municipality; and
WHEREAS, the City approved a Resolution suspending Atmos' proposed effective date
for its rate increase ninety days beyond Atmos' proposed effective date; and
WHEREAS, on or about Apri125, 2012, Atmos extended its proposed effective date from
March 6, 2012 to March 13, 2012, which has the effect of extending the statutory deadline from
June 4, 2012 to June 11, 2012, subject to the City's right to continue a hearing in progress; and
WHEREAS, the City has concluded that the rate increase proposed by Atmos is
unreasonable and Atmos has not consented to appropriate adjustments to its proposed rate
increase and that Atmos has failed to prove that is request is reasonable; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth.
SECTION 2. The City denies the rate increase Atmos filed on or about January 31, 2012.
SECTION 3. A copy of this Ordinance shall be sent to Atmos Energy Mid-Tex, care of
Mr. David Park, Vice President Rates and Regulatory Affairs, Atmos Energy Corporation, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240; and to Mr. Alfred R. Herrera, Herrera & Boyle,
PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
SECTION 4. This meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 5 51.
SECTION 5. This Ordinance shall become effective from and after its passage.
s:llegal\our documentslordinances1121atmos-midtex-atm denial ordinance.docx
PASSED AND APPROVED this the ��� da of 2012.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR D A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
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