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HomeMy WebLinkAboutOrdinance 8586=~ r ~ ~ .. ti r~ s `Ez ORDINANCE NO 85 CP AN ORDINANCE SUSPENDING FOR 30 DAYS FROM JUNE 12 1982 THE REVISION OF THE FUEL COST FACTOR TARIFF SCHEDULE PROPOSED IN THE STATEMENT OF INTENT FILED BY TEXAS ELECTRIC SERVICE COMPANY ON DECEMBER 9 1981, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS on December 9 1981 the Texas Electric Service Company filed with the City Secretary of the City of Fort Worth a Statement of Intent to~Change and Revise its methods of calcula- tion and application in its rate schedules of the Fuel Cost Factor Tariff Schedules proposed to go into effect January 13 1982 and WHEREAS it is a matter of public necessity that a thorough investigation be conducted and WHEREAS it is necessary that the proposed revision of Fuel Cost Factor Tariffs calculation methods intended to become effec- tive on January 13 1982 be suspended as authorized by Article 1446c the Public Utility Regulatory Act and WHEREAS by Ordinance passed on January 12 1982 the proposed revision was suspended until May 13 1982 as authorized by Article 1446c the Public Utility Regulatory Act and WHEREAS at the request of Texas Electric Service Company the implementation of such revision was further suspended by the Public Utility Commission until June 13 1982 and WHEREAS it is necessary that the implementation of the proposed revision be further suspended for an additional period of thirty days NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION I That the proposed Fuel Cost Tariff calculation methods of the Texas Electric Service Company intended to become effective on January 13 1982 be and the same are hereby suspended as -. -,, authorized by Article 1446c the Public Utility Regulatory Act for at least 30 days beyond June 12 1982 and at least until July 12 1982 SECTION II Should any part portion section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction such decision opin- ion or judgment shall in no way affect the remaining portions parts sections or parts of sections of this ordinance which provisions shall be remain and continue to be in full force and effect SECTION III That this ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. APPROVED AS TO FORM AND LEGALITY City Attorney Date ~ " S "~ ~ ~~'" ADOPTED ~p ` Z5 -~~ EFFECTIVE ~p-~-~~' -2- ~ .w .~ rER PILE1 ><! Ci'TY MANAGER=1 ACCOUNTING•2 TRANSPORTATION LAW-1 2 ~ GPI ~ ~ lJ Y~~ ~: ~r~~~ ~ 4,. ll ~., 1i ~ :~; ~. s DkTE RI=':'Er~FNCE StdaJECT l.eTi2S F:l.cctryC s~-~'i ~ ::ompany FAGS. NU1.6t;E}~ P}~,~posai o Bevis ~Iettic~ds of 1 6 $/82 Ts:C-6355 ~ C ? ~ •-~ a= 3-;;~.- ~ a_c~_ ~ ~o .f F C~~ ~.;ei a ~+ .~ On•Decer~ber 9 19$1 Texas ElectriL Service Com•~~any ~TE~CO) filed a ~ropo ed re- vision in the Fuel Cost Factor Tariff Schedul.L ~.~i 2i t1.e Ci c•f F'or Wor h and all other cities it serves and with tha P~C7iiC U i ~.it yes Ce::~-~lis ion (P'JC) The proposed formula for the collection cf ue1 cc is is dssi fined to overcome some of-. he past complain s from Texas ML::.icip4l Lea€ue,1TF ~C0 cities regarding 'the admrnistratien and operation of he fuel. clause and ether rela ed questions ng prier regulatory approval and the propriety of TESCO's affiiiated- ~~ nvoivi _ _...co.mpany~fuel transactions These matters arose from the length}p litigation originating iP. r_he 197$ TESCO ~rate~ca'se PUC-1903 in which the C:_ty of Fort inT.th was a active participant to,ge~ther with the ether TN1L=TESCO cities Tl~~e issues dose ibe..d above gave been ---Gt~o~ouglily argued in the courts since 19i$ ar,d were finail_y adjudicated gener- ~`--ally--°i-n favor of the TNiL-Cities b~, a COLi.Tt Order on De eu~ ~e_r 4 1.9$I in ~~~au5e -x'92241 in the 53rd District Court ai T avis County (Copies of this Order -, wow%e .transmitted to the Council on Dccemb~r 14 I9$ ) ~~~-e--s~-af.f of the Department of Law-Public Utilities met cn December 10 I981 wi`Fli other affected TNiL-Cities Committee members i Asstin to discuss the impact _ -^o_~__f~~ th Court s Order and the grout/ Baas urani.mous i~:. ag-eeing hat the proposed ---chan~e,in TESCO Fuel Cost factors be suspended for the I20-day period, as pro- -'°pv~d~e~d~.for in the Public Utilities F.egulatory Act (PURR) before the effective `""•"d'ate.,:-~ implementation on January 13 1982 so that hesa c.omllex issues can be thoroughly s udied by both the cities and he PLC Or. Januar 12 1982, the C?.ty Council gassed an ordinance implementing such 120-da.y susper•.sion Thereafter, TESCO requested an additional 30-da}° suspension until June 12 1982 and the "suspension was granted by the PUC It is necessary for such revisions to be suspended for an additional 30 days to permit completion of the City's investigation Recommendation It is recommended that the proposed change in TESCO's Fuel Cost calculation methods be suspended by the City Council far an additional period of at least 30 days beyond June I2 I9$2 and a leas until July 12 2952 pursuant to Section 43d of PURR, by adoption of the a tacked ordinance ~ I~P.PR01~fD~ BYE WA i S ~ ~UI~C-L Attachment ~u~ ~~ ~ SUBMITTED FOR T!!E 1 CITY AEANAGER'S - ~~~ '~ ~ ~ .u7-' D!SP"~8!TiON fY COUM ~' cxeta=Y of tha 4 ~~~--~"' "`~. O ESSED BY AiFICE SY ~-^- 1..~- e [ A ~ ;4 ORIGINATING ~~ ~ ~~~fiVANCE ~ ~S~ oEVARTMiENT MEAOWade Adkins f'1D i 1 L: iOR ADDITIONAL INFORA4ATiON CONTACT Richard Aughinbaugl~ Eat 679 oATE.