HomeMy WebLinkAboutResolution - 2023-R0167 - Atmos Energy West Texas Division 45 day Suspension, Triangle Interim Rate AdjustmentResolution No. 2023-R0167
Item No. 6.22
March 21, 2023
RESOLUTION
A RESOLUTION BY THE CITY OF LUBBOCK, TEXAS, ("CITY") RESPONDING TO
THE APPLICATION OF ATMOS ENERGY — WEST TEXAS DIVISION, TO
INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE
PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION
FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY'S PARTICIPATION IN
COORDINATION WITH OTHER CITIES; REQUIRING THE REIMBURSEMENT OF
COSTS; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION
WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING
SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS: on or about February 24, 2023, Atmos Energy — West Texas Gas Division
(Atmos-WTX) filed for an increase in gas utility rates under the Gas Reliability Infrastructure
Program ("GRIP"), resulting in a requested increase in the monthly city gate/transportation
charge applicable within the Triangle Distribution System of the West Texas Division as shown
in the table below:
Rate
Current City
Proposed 2022
Adjusted
Increase
Schedule
Gate /
Interim Rate
City Gate /
to
Transportation
Adjustment
Transportation
Each Bill
Charge
Charge
City Gate /
$0.49202
$0.04355
$0.53557
$0.04355
—Transportation Service
per MMBtu
I per MM13tu
per MM13tu
and
WHEREAS: the City has a special responsibility to exercise due diligence with regard
to rate increases of monopoly utilities who operate within its boundaries; and
WHEREAS: the application to increase rates by Atmos-WTX is complex; and
WHEREAS: it is necessary to suspend the effective date for the increase in rates for
forty-five days, so that the City can assure itself that the data and calculations in Atmos-WTX's
rate application are correctly done, and whether Atmos-WTX's application otherwise conforms
to the requirements of Texas Utilities Code § 104.301, commonly referred to as the GRIP statute;
and
WHEREAS: the effective date proposed by Atmos-WTX is April 25, 2023, but a
suspension by the City will mean that the rate increase cannot go into effect prior to June 9, 2023.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS THAT:
Section 1. That the statements and findings set out in the preamble to this resolution
are hereby in all things approved and adopted.
Section 2. The City suspends the requested effective date by Atmos-WTX for forty-
five days pursuant to the authority granted the City under Section 104.301 of the Texas Utilities
Code. The City finds that additional time is needed in order to review the data and calculations
that provide the basis for the rate increase application, and to determine whether Atmos-WTX's
application otherwise conforms to the requirements of the GRIP statute.
Section 3. The City continues to act in coordination with a group of cities comprised
of the Cities of Amarillo, Lubbock, Dalhart, and Channing in its review of Atmos-WTX's rates.
Section 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to
represent the City in connection with Atmos-WTX's application to increase rates.
Section 5. Atmos-WTX is ordered to reimburse the City's reasonable rate case
expenses incurred in response to Atmos-WTX's rate increase application within 30 days of
receipt of invoices for such expenses to the extent allowed by law.
Section 6. The meeting at which this resolution was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 7. This resolution shall be effective immediately upon passage.
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PASSED AND APPROVED this
ATTEST:
kulj�T (' )
Courtney Paz, InterWCity kecretary
APPROVED AS TO CONTENT:
21 st day of
D. B u KosteXch, Chief cial Officer
APPROVED AS TO FORM:
r
Amy Sims, Deputy orney
March 2023.
TRAY PAYN , MAYOR
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