2003-031-ORD DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES INSIDE COP

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ORDINANCE NO. 2003-031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES INSIDE THE CITY LIMITS OF THE CITY OF PARIS, AS PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WmCH TmS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR NOTICE OF TmS ORDINANCE TO TXU GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of Paris, Paris, Texas ("City"), a Statement of Intent to change gas rates in all municipalities within the Company's statewide gas utility system effective June 27, 2003; and, WHEREAS, the City has previously extended the effective date of the Company's rate filing; and, WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code ~~102.001(b) and 103.001; and, WHEREAS, the Texas Utilities Code ~103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; and, WHEREAS, the City is participating with a coalition of over 120 other cities in opposition to the Company's filing at the Railroad Commission, said coalition being known as the Allied Coalition of Cities ("ACC"), in GUD No. 9400 pending at the Commission; and, WHEREAS, ACC and the Company have reached a procedural agreement regarding the schedule for processing GUD No. 9400 that includes TXU's concession to allow one hundred fifteen (115) additional days to process the rate case and ACC's commitment that member cities expedite the process of getting city action appealed to the Commission; and, WHEREAS, ACC and TXU jointly endorse the City's denial of the Company's rate application pending before the City; and, WHEREAS, counsel for ACC, upon review of the Company's filing and upon consultation with various consultants, recommends fmdings that the Company's proposal is unjustified and unreasonable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: