13 - ATMOS SETTLEMENT AGREEMENT - Laserfiche WebLink

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WHEREAS, ACSC Cities and Atmos Mid -Tex were unable to reach an agreement on the 2014 RRM Tariff filing, resulting in the ACSC Cities' rejection of the 2014 RRM filing; and WHEREAS, Atmos Mid -Tex appealed the ACSC Cities' actions rejecting its 2014 RRM filing to the Railroad Commission of Texas ( "Commission "), pursuant to the provisions of the RRM Tariff; and WHEREAS, Atmos Mid -Tex and ACSC litigated the appeal of the 2014 RRM filing at the Commission; and WHEREAS, on February 27, 2015, Atmos Mid -Tex filed its 2015 RRM Tariff filing, requesting to increase natural gas base rates system -wide by $28.762 million; and WHEREAS, ACSC coordinated its review of Atmos Mid -Tex RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, Atmos Mid -Tex has agreed to withdraw its appeal of ACSC's rejection of its 2014 RRM Tariff rate increase; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve the attached Settlement Agreement (Attachment A to this Resolution) as well as the tariffs attached thereto, resolving both the 2014 and the 2015 RRM Tariff filings, which together will increase the Company's revenues by $65.7 million over the amount allowed under City- approved rates set in 2013; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated Settlement Agreement and are just, reasonable, and in the public interest; and WHEREAS, the RRM Tariff should be renewed for a period of time commencing in 2016 and continuing until the RRM Tariff is suspended by ordinance of the City; and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That the City Council finds that the Settlement Agreement (Attachment A to this Resolution) represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid - Tex's 2014 and 2015 RRM filings, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. 4764616.1 2