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HomeMy WebLinkAboutOrdinance 19727-06-2011ORDINANCE NO. 19727-06-2011 ESTABLISHING MAXIMUM PERMITTED RATES AND CHARGES THAT ONCOR ELECTRIC DELIVERY COMPANY LLC MAY ASSESS CUSTOMERS IN THE CITY OF FORT WORTH BY APPROVING AND RATIFYING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND ONCOR ELECTRIC DELIVERY COMPANY LLC REGARDING ONCOR'S "PETITION AND STATEMENT OF INTENT OF ONCOR ELECTRIC DELIVERY COMPANY LLC FOR AUTHORITY TO CHANGE RATES" FILED BY ONCOR ON JANUARY 7, 2011 AND ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; APPROVING ONCOR'S PROOF OF REVENUES; FINDING THE RATES TO BE SET BY SUCH TARIFFS TO BE JUST AND REASONABLE; DECLARING EXISTING RATES IN THE CITY OF FORT WORTH TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE THE CITY'S REASONABLE RATEMAKING EXPENSES; ADOPTING A SAVINGS CLAUSE; FINDING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO ONCOR AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, on January 7, 2011, Oncor Electric Delivery Company LLC ("Oncor") filed with the City Secretary that certain "Petition And Statement of Intent of Oncor Electric Delivery Company LLC For Authority to Change Rates" (the "Rate Filing") under which revised rates charged by Oncor would go into effect in the City on February 14, 2011; and WHEREAS, the rates proposed in the Rate Filing would result in approximately $353 million in additional revenue for Oncor on a system-wide basis, which additional revenue includes an approximate 14.1 % increase in electricity rates imposed by Oncor in the City of Fort Worth (which factors in approximately a 14.6% increase in electricity rates imposed by Oncor on Oncor Rate Order (Approving Negotiated Resolution between Oncor and Cities Steering Committee) residential customers in the City of Fort Worth) and approximately $30 million in additional revenue for Oncor from customers in the City of Fort Worth; and WHEREAS, pursuant to Chapter 36 of the Texas Utilities Code, the City Council is required to (i) analyze Oncor's Rate Filing; (ii) conduct a public hearing in order to determine the propriety of the proposed rate changes; and (iii) determine whether the rates proposed in the Rate Filing are reasonable and lawful, and if not, enter an order establishing the maximum rates that Oncor shall be permitted to charge; and WHEREAS, as permitted by Chapter 36 of the Texas Utilities Code, in order to have time to analyze the Rate Filing thoroughly prior to the public hearing on this matter the City Council adopted Ordinance No. 19541-02-2011 on February 8, 2011 suspending the effectiveness of Oncor's proposed rates from February 14, 2011 until May 15, 2011 or otherwise for the maximum period allowed by law, which suspension Oncor agreed to extend to June 14, 2011; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee"), a coalition of approximately 160 municipalities served by Oncor that have joined together to facilitate the review of and response to electric issues affecting rates charged in Oncor's service area: and WHEREAS, the Steering Committee coordinated their review of Oncor's filing by designating an Executive Committee made up of Steering Committee representatives, assisted by Steering Committee attorneys and consultants, to resolve issues identified by the Steering Committee in the Rate Filing; and WHEREAS, in response to requests for information from the Steering Committee, Oncor filed evidence that existing rates are unreasonable and should be changed; and Page' ~~t ~ Oncor Rate Order (Approving Negotiated Resolution between Oncor and Cities Steering Committee) WHEREAS, independent analysis by the Steering Committee's rate experts have concluded that Oncor is able to justify an increase over current rates of $136.7 million, rather than the $353 million requested in its Rate Filing; and WHEREAS, the Steering Committee has entered into a Settlement Agreement with Oncor to increase base rate revenues by $136.7 million; and WHEREAS, the Executive Committee of the Steering Committee, and the Steering Committee's lawyers and consultants, recommend that Steering Committee members, including the City, approve the attached rate tariffs, which will increase the Company's revenue requirement by $136.7 million in two (2) phases ($93.7 million effective July 1, 2011 and $43 million effective January 1, 2012); and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order of the Public Utility Commission or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Rate Filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of this Rate Filing and the resulting tariffs are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Page ~ ~,r~ ~ Oncor Rate Ordcr (Approving Negotiated Resolution between Oncor and Cities Steering Committee) Section 1. FINDINGS. That the City Council, pursuant to its exclusive original jurisdictional authority over the rate, operations and services of Oncor within the City and in the exercise of its sound legislative discretion, makes the following findings of fact: 1.1. The statements set forth in the Recitals above are true and correct and are hereby incorporated as part of the findings herein. 1.2. Based on all information previously provided to and before the City Council, the City Council hereby finds that existing rates as well as the rates proposed by Oncor in its Rate Filing are unreasonable. 1.3. The tariffs attached hereto as Attachment "A" and Attachment "B" are just and reasonable and in the public interest. Section 2. RATES AND CHARGES ORDERED. That based on the findings of fact set forth in Section 1 of this Ordinance and all other information before the City Council, Oncor is hereby authorized and ordered to implement the tariffs attached hereto as Attachment "A", effective for bills rendered on or after July 1, 2011, and Attachment "B", effective for bills rendered on or after January 1, 2012. Page 4 of 7 Oncor Rate Order (Approving Negotiated Resolution between Ona>r and Cities Steering Committee) Section 3. SETTLEMENT AGREEMENT RATIFIED. That the Settlement Agreement attached hereto as Attachment "C", with its attachments, is hereby ratified and approved. Section 4. RESERVATION OF RIGHTS That notwithstanding anything to the contrary herein, if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Section 5. REIMBURSEMENT OF RATE CASE EXPENSES. That Oncor is hereby directed to reimburse the City for all reasonable costs and expenses of any rate consultants, accountants, auditors, attorneys and engineers retained by the City or the Steering Committee, of which the City is a member, and incurred in the course of the City's and/or the Steering Committee's review of the Rate Filing. Page 5 of 7 Oncor Rate Order (Approving Negotiated Resolution between Oncor and Cities Steering Committee) Section 6. REPEAL OF ORDINANCES IN DIRECT CONFLICT. That if any provisions or conditions of this Ordinance directly conflict with any provisions or conditions of any other Ordinances previously adopted by the City Council, the conflicting provisions of such previously adopted Ordinances are hereby repealed. Section 7. COMPLIANCE WITH OPEN MEETINGS ACT REQUIREMENTS. That the meeting at which this Ordinance was adopted was in all things conducted in compliance with the Texas Open Meetings Act, as codified at Chapter 551, Texas Government Code. Section 8. SEVERABILITY. That if any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining poertions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. Section 8. That this Ordinance and Settlement Agreement ("Attachment C") shall become effective from and after its passage with rates authorized by attached Tariffs to be effective in two phases. Phase one tariffs (attached to this Ordinance as "Attachment A"), increasing Oncor's revenues by $93.7 million, are effective for bills rendered on or after July 1, Page 6 of 7 Oncor Rate Order (Approving Negotiated Resolution between Oncor and Cities Steering Committee) 2011. Phase two tariffs (attached to this Ordinance as "Attachment B"), increasing Oncor's revenues by $43 million, are effective for bills rendered on or after January 1, 2012. Section 9. EFFECTIVE DATE AND DELIVERY. That this Ordinance shall take effect and be in full force and effect from and after the date of its adoption. The City Secretary is hereby directed to deliver a copy of this Ordinance to Oncor, care of Autry Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23rd Floor, Dallas, Texas 75201 and to Thomas Brocato, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. AND IT IS SO ORDAINED. ADOPTED this 7~h day of June, 2011. ATTEST: 1 City Secretary By: Peter Vaky Deputy City torney Page 7 of 7 Oncor Rate Order (Approving Negotiated Resolution between Oncor and Cities Steering Committee) APPROVED AS TO FORM: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/7/2011 -Ordinance No. 19727-06-2011 ,~~ . ~, .a..._ ~ ~ , DATE: Tuesday, June 07, 2011 REFERENCE NO.: G-17296 LOG NAME: 12FY2011 ONCOR RATE CASE SUBJECT: Adopt Ordinance Establishing Maximum Permitted Rates and Charges that Oncor Electric Delivery Company May Assess Customers in the City of Fort Worth and Ratifying Settlement Agreement Between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company Regarding this Rate Case RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance establishing maximum permitted rates and charges that Oncor Electric Delivery Company may assess customers in the City of Fort Worth and ratifying a Settlement Agreement between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company regarding this rate case. DISCUSSION: Under state law, the City has exclusive original jurisdiction over the rates, operations and services of an electric utility serving customers in the City. On January 7, 2011, Oncor Delivery Electric Company filed an application with the City to increase its system-wide transmission and distribution rates. The proposed rate filing would have provided fora 14.6 percent increase in residential rates and a 14.1 percent total rate increase, and would have yielded an estimated $353 million in additional revenue to Oncor per year on a system-wide basis. On February 8, 2011, City Council adopted Ordinance No. 19541-02-2011 suspending the effectiveness of the rates proposed by Oncor in order for the City to retain assistance in analyzing Oncor's rate filing. The City is a member of a standing coalition of cities known as the Steering Committee of Cities served by Oncor (Steering Committee). The City worked with the Steering Committee to analyze schedules and evidence offered by Oncor to support its request to increase rates. The rates and tariffs authorized in the attached Ordinance are the result of negotiations between the Steering Committee and Oncor to resolve issues raised by the Steering Committee and other intervenors during the review and evaluation of the filing. The Ordinance resolves Oncor's filing by authorizing an increase in Oncor's base rate of $136.7 million instead of $353 million, which is approximately a $18.6 million saving for Fort Worth residents. The monthly bill impact for the average residential customer will be a $2.32 increase (as opposed to the $5.00 per bill increase as proposed in the Company's filing). Rate Comparison for a Typical Customer Residential Commercial Current Proposed Increase Percent Increase $41.00 $43.32 $2.32 5.6 percent Current Proposed Increase Percent Increase Logname: 12FY2011 ONCOR RATE CASE Page 1 of 2 Small $ 194.29 $ 213.63 $ 19.34 10.0 percent Medium $ 514.79 $ 558.77 $ 43.98 8.5 precent Large $3,239.11 $3,492.43 $253.32 7.8 percent Industrial Meduim $31,595.34 $31,931.23 $335.89 1.1 percent Large $33,841.44 $34,170.21 $328.77 1.0 percent The negotiated rate adjustment will be implemented in two phases. The first phase will be effective for all bills rendered on or after July 1, 2011 and will increase Oncor's revenues inby $93.7 million. Those rates and charges are reflected in Attachment A of the Ordinance. The second phase will be effective for all bills rendered on or after January 1, 2012 and will increase Oncor's revenues by $43 million. Those rates and charges are reflected in Attachment B of the Ordinance. In addition, consistent with a district court reversal of the Public Utility Commission's decision relating to municipal franchise fees (Docket No. 35717), the negotiated settlement requires Oncor to increase franchise fees to contractually agreed to amounts within 60 days of the final order or July 1, 2011, whichever is later. This will result in an additional payment of approximately $2.2 million for the City of Fort Worth. The Settlement Agreement is attached to the Ordinance as Attachment C. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Law Department, Utility Administration Division, is responsible for the collection and deposit of any funds that may be due to the City as a result of this settlement. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by_ Charles Daniels (6199) Originating Department Head: Sarah Fullenwider (7606) Additional Information Contact: Bridgette Garrett (8518) Logname: 12FY2011 ONCOR RATE CASE Page 2 of 2 ATTACHMENT "A" Phase I Tariffs Unarr Rate Order 1/~ppro~ing ticgotiated Resolution bet~~ren Onarr and Cities titeering Committee)