File #: 12-340    Name: Atmos Mid-Tex Rate Denial Resolution
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 5/15/2012 Final action: 5/15/2012
Title: Consider/Discuss/Act on a Resolution to Deny Atmos Mid-Tex’s Proposed Rate Increase
Attachments: 1. Resolution
Title
Consider/Discuss/Act on a Resolution to Deny Atmos Mid-Tex’s Proposed Rate Increase

Summary

MEETING DATE: May 15, 2012

DEPARTMENT: City Manager’s Office

CONTACT: Aretha Harvey, Assistant to the City Manager


RECOMMENDED CITY COUNCIL ACTION:
· Approve Resolution

ITEM SUMMARY:
· Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers.
· ACSC engaged attorneys and consultants to review Atmos Mid-Tex’s proposed rate increase. Justification was found that Mid-Tex’s rates should be decreased.
· ACSC and Atmos Mid-Tex have engaged in settlement discussions but have not yet reached an agreement. ACSC is hoping to achieve settlement with the Company in order to perpetuate the RRM process, and therefore recommends denial of the Company’s proposed rate increase rather than a rate decrease to facilitate further settlement discussions.
· The purpose of this resolution is to deny Atmos Mid-Tex’s proposed rate increase pending further settlement discussions and to prevent Atmos’ proposed rate increase from automatically taking effect on June 11, 2012.

BACKGROUND INFORMATION:
· In 2003, TXU Gas filed a statewide rate case which became known at the Railroad Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program (“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input.
· Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos Energy Corporation, Mid-Tex Division. The City is within the Atmos Mid-Tex Division.
· Atmos Mid-Tex filed four GRIP cases ...

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