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HomeMy WebLinkAboutResolution - 2008-R0111 - Deny Atmos Energy Request To Extend Deadline To Implement GRIP Tarrif Request - 03/27/2008I Resolution No. 2008-Roi11 March 27, 2008 Item No. 6.11 RESOLUTION WHEREAS, Section 104.301 of the Texas Utilities Code authorizes a gas utility, within two years of their last filed rate case, to file with the regulatory authority a tariff or Tate schedule that provides for an interim adjustment in the utility's monthly customer charge to recover the cost of changes in the investment in service for gas utility services, also known as the Gas Reliability Infrastructure Program ("GRIP") or an Interim Rate Adjustment ("IRA"); and WHEREAS, pursuant to Section 103.001 of the Texas Utilities Code the City Council of the City of Lubbock is the regulatory authority that has exclusive original jurisdiction over the rates, operation, and service of a gas utility operating within the municipality; and WHEREAS, the West Texas Division of Atmos Energy, on November 15, 2007 filed simultaneously with the City of Lubbock and the Railroad Commission of the State of Texas a GRIP tariff filing containing the proposed tariff, tariff calculation, earnings monitoring report and detail project reports; and WHEREAS, the West Texas Division of Atmos Energy, in their GRIP tariff filing is requesting an increase of $0.70 per customer per month for Residential Gas Service; $2.01 for Commercial Gas Service; $22.33 for Small Industrial Gas Service; $9.95 for Public Authority Gas Service; and $8.73 for State Institution Gas Service; and WHEREAS, the above described GRIP tariff increases will go into effect sixty (60) days after filing (January 14, 2008), unless further action is taken by the regulatory authority; and WHEREAS, the City of Lubbock, as the regulatory authority, pursuant to Section 104.301(x) of the Texas Utilities Code, suspended the implementation of the GRIP tariff increases for a period of forty-five (45) days; and WHEREAS, the West Texas Division of Atmos Energy, on February 22, 2008 requested from the City of Lubbock that the deadline to implement the 2006 GRIP in Lubbock be further extended until March 31, 2008, to which the City of Lubbock agreed; and WHEREAS, the West Texas Division of Atmos Energy, on March 19, 2008 has requested from the City of Lubbock that the deadline to implement the 2006 GRIP in Lubbock be further extended until June 1, 2008; and WHEREAS, the City Council of the City of Lubbock finds, as the regulatory authority with exclusive original jurisdiction over the rates, operation and service of Atmos Energy within the municipal boundaries of the city of Lubbock, that there have already been numerous delays and extensions and that it would not be in the best interest of the residents and businesses of the city of Lubbock to grant the request of the West Texas Division of Atmos Energy, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, pursuant to Section 104.301(a) of the Texas Utilities Code, the City Council of the City of Lubbock, as the regulatory authority with exclusive original jurisdiction over the rates, operation and service of Atmos Energy within the municipal boundaries of the city of Lubbock, hereby denies the request by Atmos Energy to extend the deadline to implement the GRIT' tariff request of the West Texas Division of Atmos Energy until June 1, 2008. Passed by the City Council this 27th day of March , 2008. i' �.--� Davi A. �Mi�ller,Mayor ATTEST: Rebe .ca Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: A�/ Matth L. Wade Natural Resources Attorney rnd,,,eyr.� mlw/ccdocs/Res-GRIP Extension Resolution Denial 032708 ATMOS energy March 19, 2008 Resolution No. 2008—ROIII Atmos Energy Corpo+atfoin 5110 801 street Lubbock. Texas. 79424 C W.(Slll) Guy Tel: 846-798-4457 Vc a President, Pax: W6-798-4494 Atmos Energy Corporation Bitt."CpUmosEnergy.corn RECEIVED MAR 1 9 2006 CITY SECRETARY LUBBOCK,TEXAS THE HONORABLE MAYOR. AND CITY COUNCIL OF THE CITY OF LUBBOCK Re: 2006 GRIT' Filing for Atmos Energy, West Texas Division, Lubbock Atmos Energy, West Texas Division ("Atmos" or "Company") filed its 2006 GRIP Filing with the Railroad Commission of Texas ("RRC") and the City of Lubbock ("City") on November 15, 2007. The statutory deadline for action to be taken on the current GRIP filing is February 28, 2008. Atmos requested an extension of the statutory deadline to March 31, 2008 on February 22. Atmos and the City continue making progress towards a settlement of all current rate issues. In order to allow time for these negotiations to continue to completion prior to implementing the proposed interim rate adjustment with the City, Atmos respectfully requests an extension of the deadline for its 2006 GRIP decision to .lune 1, 2008. Please let me know at your earliest convenience if the proposed extension is acceptable. Atmos thanks you in advance for your time and consideration of this request. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, C. W. "Bill" Guy Vice President of Rates and Regulatory Affairs rc: Gary Gregory, President, Atmos Energy, West Texas Division