Res 2005-158 - Laserfiche WebLink

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I I I 163. RESOLUTION NO. 2005- 1 C; A R A PROCEDURAL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SUSPENDING THE EFFECTIVE DATE INDEFINITELY FOR CENTERPOINT ENERGY ENTEX'S REQUEST TO INCREASE RATES WITHIN THE CITY OF SAN MARCOS UNTIL THE PUBLICATION OF PUBLIC NOTICE IN A MANNER CONSISTENT WITH THE LAW AND THE CITY'S INTERIM ORDER; REQUIRING PROMPT RESPONSES TO DISCOVERY REQUESTS; REQUIRING THE TRACKING OF COSTS RELATED TO THE PETITION FOR REVIEW OF THE INTERIM ORDER; SCHEDULING A HEARING ON CENTERPOINT ENERGY ENTEX'S REQUEST TO INCREASE RATES WITHIN THE CITY OF SAN MARCOS; AND DECLARING AN EFFECTIVE DATE RECITALS: 1. On June 30, 2005, CenterPoint Energy Entex ("Entex") filed a Statement of Intent to increase its rates with the City of San Marcos, Texas ("City"). 2. Entex published public notices of its intent to change its rates, but these notices did not comply with Section 104.103(a)(1) of the Utilities Code, in that they were not "conspicuous," and they failed to provide any useful information about the nature or extent of the rate increase being requested by Entex. 3. The City Council adopted an interim order by Ordinance on September 20, 2005 (the "Interim Order Ordinance") requiring Entex to notify the City when Entex intends to publish notice in a manner specified by the City that complies with Section 104.103(a)(1) of the Utilities Code. 4, The Interim Order Ordinance required Entex to notify the City when it intended to update its test year data. 5. In total noncompliance with the Interim Order Ordinance, Entex filed an appeal of the Interim Order Ordinance with the Railroad Commission of Texas (the "Premature Appeal") in an effort to interfere with the City's exclusive original jurisdiction over Entex's rate increase request. 6. The Premature Appeal of the Interim Order Ordinance was frivolous and without merit. 7. Entex has failed to promptly respond to discovery requests of the Alliance of CenterPoint Municipalities ("ACM"), of which the City is a member, with some requests being more than 45 days overdue. 8. Entex filed new materials related to its rate increase request with the City Manager on October 5, 2005, including information that appears to relate to an updated test year.