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2005-005-RES GAS COST PRUDENCE REVIEW FILING SEPTEMBER 2004 GUD NO. 9530, GUD NO. 8664 RESOLUTION NO. 2005-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD)NO. 9530; AUTHORIZING P ARTICIP ATIONWITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; MAKING OTHER FINDINGS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and/or residents of the City of Paris, Texas are customers of Atmos Energy Corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and the City is a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and, WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24,2004, now docketed as GUD No. 9530, for a gas cost prudence review of$2.2 billion in previously incurred and billed gas costs; and, WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and, WHEREAS, ratepayers of Atmos/TXU Gas, including the City of Paris and its residents would be entitled to a pro rata portion of a refund associated with any costs found to have been unreasonable; and, WHEREAS, the City of Paris and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and, WHEREAS, the reasonable costs associated with the participation of Cities in this rate- making proceeding are reimbursable from the Company; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the fmdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. Section 3. That the City of Paris is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates Gene Anderson as a representative to a Cities' Steering committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004. Section 4. That Atmos/TXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of January, 2005. ~ Curtis Fendley, Mayor ATTEST: o~~ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: