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HomeMy WebLinkAboutResolution - 2023-R0535 - LP&L, Customer Choice Resolution 7 Has Been Satisfied - 10/24/2023Resolution No. 2023-R0535 Item No. 6.8 October 24, 2023 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, on February 15, 2022, by EUB Resolution No. 2022-R0010, the Electric Utility Board ("EUB") passed an irrevocable resolution to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, on February 22, 2022, by Resolution No. 2022-R0108, the City Council of the City of Lubbock also passed an irrevocable resolution to choose to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, the EUB Resolution and the Council Resolution provided that customer choice would commence when certain enumerated conditions were met, one of which, condition (7), was that the EUB and the City Council of the City of Lubbock must determine that there are and will continue to be a sufficient number of retail electric providers, including a sufficient number of independent, unaffiliated retail electric providers, within the ERCOT market who are willing and able to provide service in Lubbock to adequately provide competitive customer choice for LP&L's certificated area; WHEREAS, as of October 17, 2023, LP&L had received signed Competitive Retail Access Agreements from 32 retail electric providers (plus 9 more who will not be ready to provide service at market opening) representing 27 different brands and 11 parent companies. These are numbers similar to those found in several cities comparable to Lubbock in terms of size and location; WHEREAS, the activity and interest expressed by retail electric providers about the opening of the retail market for competition in Lubbock strongly suggest that customers will receive active marketing, helpful information, and competitive pricing from a variety of retail electric providers focusing on various segments of the customer market; WHEREAS, the multiple options that will be available to customers in LP&L's certificated area indicate that there will be a sufficient number of independent, unaffiliated retail electric providers to provide robust options for competitive customer choice in the Lubbock area; WHEREAS, on October 17, 2023, the EUB adopted a Resolution finding that condition (7) in the Customer Choice Resolutions adopted by the EUB on February 15, 2022, and adopted by the Council on February 22, 2022, relating to the sufficiency of retail electric providers willing and able to provide service in Lubbock, has been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby determines that condition (7) in Resolution No. 2022-R0108, passed by the Council on February 22, 2022, relating to the sufficiency of retail electric providers to adequately provide competitive customer choice for LP&L's certificated area, has been met. Passed by the City Council of the City of Lubbock the 24th day of October, 2023. ATTEST: Courtney Paz, City Se ry Y�SOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock {"LP&L"); WHEREAS, by Resolution adopted by the Electric Utility Board of the City of Lubbock ("EUB"} on February 15, 2022, the EUB irrevocably chose to offer customer choice through retail competition, as provided for under Texas law, to electric utility customers of LP&L and directed the Director of Electric Utilities to take all necessary steps to implement customer choice and to report to the EUB on those actions; WHEREAS, the EUB Resolution also provided that customer choice would commence when certain enumerated conditions were met, one of which was that the EUB and the City Counci! of the City of Lubbock determine that there aze and will continue to be a sufficient number of retail electric providers, including a sufficient number of independent, unaffiliated retail electric providers, within the ERCOT market who are willing and able to provide service in Lubbock to adequately provide competitive customer choice for LP&L's certificated area; WHEREAS, LP&L has currently received signed Competitive Retail Access Agreements from 32 retail electric providers (plus 9 more who witl not be ready to provide service at market opening) representing 27 different brands and 11 parent companies. These are numbers similar to those found in several cities comparable to Lubbock in terms of size and location; WHEREAS, the activity and interest expressed by retail electric providers about the opening of the retail market for competition in Lubbock strongly suggest that customers will receive active marketing, helpful information and competitive pricing from a variety of retail electric providers focusing on various segments of the customer market; WHEREAS, the multiple options that will be available to customers in the LP&L certificated area indicate that there will be a sufficient number of independent, unaffiliated retail electric providers to provide robust options for competitive customer choice in the Lubbock area. NOW, THEREFORE, BE IT RESOLVED BY THE ELECTRIC UTILITY B4ARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board hereby determines that condition (7) in the Customer Choice Resolution adopted by this Board on February 15, 2022, relating to the sufficiency of the number of retail electric providers, including a sufficient number of independent, unaffiliated retail electric providers within the ERCOT market that are willing and able to provide service in Lubbock to adequately provide competitive customer choice for LP&L's certificated area has been met. Passed by the Electric Utility Board this 17'h day of October, 2023. ATTEST: / � t� � C i '�'�''l c� Gyv� n Stafford, Chair ,� I � _, � _ , �, die chulz, Board ecretary APPROVED AS TO CONTENT: Joel y, hief Administr ' e Officer, � APPROVED AS TO FORM: l.:C� �E��C�'�.�-�(�C� Carolyn S e lman, Interim General Counsel