06-A Denying ATMOS - GRIP - Laserfiche WebLink

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defects in the request include, but are not limited to, the following: (a) the Company improperly calculated its 2003 rate base; (b) the Company included in its calculation projects unrelated to system improvement; (c) the Company failed to recognize the increased revenues it is now receiving due to increased rates approved by the Commission in GUD No. 9400 and due to customer growth; (d) information supplied by the Company indicated that the Company actually decreased its per-customer investment in infrastructure in calendar year 2003; (e) approval of the Company’s GRIP request would result in over-earning by the Company in the year of implementation; and (f) the Company has failed to demonstrate that it meets the statutory prerequisites to qualify for a GRIP rate increase or that its proposed method of implementation of the GRIP statute constitutes a constitutional application of the statute. Section 3. That the City is authorized to cooperate with other Cities within the Company’s Distribution System that have formed ACSC to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of this ordinance to the Commission. Section 4. That the costs incurred by ACSC in reviewing the Company’s GRIP request and representing ACSC in this proceeding are hereby found to be reasonable and, upon submission to the Company, shall be promptly reimbursed by the Company. Section 5. That the City is authorized to intervene in any appeal of the city’s action filed at the Commission, and to participate in any such appeal as a member of ACSC. Section 6. That this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. Section 7. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Section 8. That a copy of this ordinance, constituting final action on the Company’s application, shall be forwarded to the appropriate designated representative of the Company within 10 days as follows: Richard Reis, Manager, Gas Regulation, Atmos Energy Corp., Mid- th Tex Division, Lincoln Center II, 18 Floor, 5420 LBJ Freeway, Dallas, Texas, 75240. DULY PASSED AND APPROVED by the City Council of the City of Paris, Texas, on this the 11th day of July, 2005. ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Janice Ellis, City Clerk 3 1668\12\Ordinance