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HomeMy WebLinkAboutResolution - 2005-R0226 - Rate And Tariffic Structure Amendment - LP&L - 05_26_2005Resolution No. 2005-RO226 May 26, 2005 Item 19 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock; and WHEREAS, pursuant to Section 40.055 of the Texas Utility Code and Article XII of the Lubbock City Charter, the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light has exclusive jurisdiction to set all retail electric rates applicable to services provided by Lubbock Power & Light; and WHEREAS, Section 551.086 of the Texas Government Code authorizes the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light regarding retail electric rates, to meet in executive session to discuss, vote and take final action on a competitive matter of Lubbock Power & Light; and WHEREAS, pursuant to Section 9-17(b) of the Code of Ordinances, City of Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power & Light shall be determined by the City Council of the City of Lubbock in a meeting conducted pursuant to Section 551.086 of the Texas Government Code; and WHEREAS, the City Council of the City of Lubbock has determined that the subject matter of this resolution and any and all exhibits attached hereto relate to Lubbock Power & Light's competitive activity; and WHEREAS, the City Council of the City of Lubbock implemented the current rate and tariff structure for residential, commercial, industrial and other retail customers of Lubbock Power & Light via Resolution No. 2001-R0103, as amended, the corpus of which became effective October 8, 2001; and WHEREAS, the City of Lubbock desires to amend the current rate and tariff structure by amending Tariff Number 3.5, Rate 16S, Large General Service, a rate class for certain retail commercial customers of Lubbock Power & Light; and WHEREAS, Tariff Number 3.5, Rate 16S, Large General Service, as amended, is attached hereto and incorporated herein as though set forth fully herein; and WHEREAS, the City Council has determined in a meeting conducted pursuant to Section 9-17(b) of the Code of Ordinances, City of Lubbock, Texas that the current rate and tariff structure of Lubbock Power & Light should be amended to improve the efficiency and competitiveness of the City's municipally owned electric utility; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Tariff Number 3.5, Rate 16S, Large General Service is hereby amended pursuant to the terms and conditions of Tariff Number 3.5, Rate 16S, Large General Service as attached hereto as Exhibit "A" and incorporated herein as though set forth fully herein. THAT this rate and tariff structure, as amended and including the general terms and conditions thereof, shall remain in effect until the City Council of the City of Lubbock authorizes amendment of such rate and tariff structure. Passed by the City Council this 26th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: C Carroll McDonald Director of Electric Utilities City of Lubbock APPROVED AS TO FORM: Matthew L. Wade, Natural Resources Attorney 1:\ccdocs\tariff amend resolution 5-17-05 "EXHIBIT A" APPENDIX 2 LARGE GENERAL SERVICE — STATE UNIVERSITIES Rate 16S Tariff 3.5 Applicable: To all state universities using more than 100,000,000 kWh per year where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. Not applicable to temporary, breakdown, standby, or supplementary service. Territory: Lubbock, Texas Terms of Payment: 1 % added to bill after 30 days. Demand Charge $0 Energy Charge $0.014000 per kWh used per month. Wholesale Power Charge The charge per kilowatt-hour of the above rate shall be increased by an amount equal to LP&L's average cost of Wholesale Power for the month immediately preceding the current billing month for the customer as delivered to all LP&L customers including assumed system losses of 2%. The Wholesale Power Charge shall be calculated monthly by dividing (i) the amount of the Total Bill for Wholesale Power for the month immediately preceding the current billing month for the customer including any prior month adjustments by (ii) the kWh delivered to all LP&L customers in the month immediately preceding the current billing month for the customer. The kWh delivered to all LP&L customers shall be calculated by reducing by 2% the kWh delivered to LP&L's delivery points by SPS as shown on the Wholesale Power bill of the month immediately preceding the current billing month for the customer. This reduction is an adjustment to account for line losses occurring between LP&L's point(s) of interconnection with SPS and the delivery points of the customer. Character of Service: One standard voltage less than 12,000 volts. Effective Date: July 1, 2004. In order that all Customers may receive uniform, efficient, and adequate service, electric service will be supplied to and accepted by all Customers receiving service from the City in accordance with these Terms and Conditions. For purposes of this rate/tariff structure, "Customer" shall mean any person, firm, corporation or other legal entity receiving electric service from the City of Lubbock's municipally owned electric utility, Lubbock Power & Light. "City" shall mean the City of Lubbock, Texas, a home rule municipality. 1. Customer's Installation. Customer is responsible for installing and maintaining such protective devices as are recommended orrequired by the then current edition of the National Electrical Code or as may be necessary to protect Customer's equipment or process during abnormal service conditions or the failure of all or a part of the electric service provided by the Company. All wiring and other electrical equipment furnished by the Customer will be installed, operated, and maintained by the Customer at all times in conformity with good electrical practice and with the requirements of the constituted authorities and these Terms and Conditions. 2. Disclaimer of Warranties. THE CITY MAKES NO WARRANTIES WHATSOEVER REGARD TO THE PROVISION OF ANY SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Severabilitv. If any portion of this Tariff is held unenforceable by a court of competent jurisdiction, the remainder of this Tariff shall not be affected and shall remain fully in force and enforceable. 4. Applicable Law. The laws of the"State of Texas shall govern the validity, performance and enforcement of this Tariff and the venue for any legal proceedings shall be in Lubbock County, Texas.