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2651 ORD REVISING FUEL ADJUSTMENT CLAUSE OF TX POWER AND LIGHT COMPANY IN COP ORDINANCE N0. 2651 AN ORDINANCE REVISING THE FUEL ADJUSTMENT CLAUSE OF TEXAS POWER AND LIGHT COMPANY IN THE CITY OF PARIS, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH FUEL ADJUSTNIENT CLAUSE RATE SCHEDULE, AND PROVIDING CONDITIONS UNDER WHICH SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. WHEREAS, on July 29, 1982, the District Court of Travis County, Texas, 200th Judicial District entered a f inal judgment in f avor of various cities and cooperatives served by Texas Power and Light Company ("TP&L") and adverse to TP&L, a copy of which is attached hereto as Exhibit "I" and incorporated herein for all purposes; and WHEREAS, the District Court in said judgment ruled that the fuel adjustment clause used by TP&L and authorized by the Public Utility Commission of Texas does not meet the requirements of law; and, WHEREAS, the City finds that the judgment and all included findings and conclusions of the District Court shall be complied with in all regards, and said judgment is hereby adopted and approved; and WHEREAS, TP&L did, on December 9, 1981, file a proposed fuel cost factor tariff for service within the City of Paris ("City") to become effective January 13, 1982, the operation of which suspended extensionlbiy thereafter of the council o WHEREAS, the City, having considered the attached proposed modified fuel adjustment clause and procedure for approval of payments to affiliates finds that the modified fuel adjustment clause and procedure for approval of payment of affiliates should be approved and construed in accordance with the attached final judgment of the District Court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: l, That the fuel adjustment clause rate schedule of Texas Power and Light Comapny is hereby amended in accordance with Exhibit "II". Such Procedure is the one under which TP&L shall be authorized to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said fuel adjustment clause rate schedule may be changed, modified, amended, or withdrawn, with the approval of the City Council. 2, Such fuel adjustment clause rate schedule, as same may be modified or amended, shall be effective fromando all after final passage of this ordinance and shall apply power and energy used by each customer after the final passage of this ordinance. 3. That the action of the City Council of the City of Paris, enacting this ordinance constitutes, on the date of its final passage, a final determination of the fuel adjust- ment clause rate of Texas Power and Light Company within the City of Paris in accordance with Section 43 (e) of the Public Utility Regulatory Act. 4. That the final judgment of the District Court of Travis County, Texas, 200th Judicial District, attached hereto as Exhibit "I" is hereby approved and adopted. The attached modifieto adjustment procedureinfor approval of payMents accordance with said final judgment. 5. The Company shall within 20 days from the passage hereof file all necessary supporting exhibits and tariff revisions which shall be identical to those agreed to by all parties and approved in Public Utility Commission Docket 4224, all of which shall become a part of the Company's tariffs. 6. Nothing in this ordinance shall be construed the or hereafter as limiting or modifying, in any manner, right or power ofeTexas Power and LightoCompanyte the rates and charges Passed and addopted this 13th day of September, 1982. oe Graham, Mayor ATTEST: H. C~ Gre ne, City Clerk APPROVED AS TO FORM: T K. ~4Hayne , City Attorney _T NO. 277,471 TEX-LA ELECTRIC COOPERATIVE, . IN THE DISTRICT COURT INC.; C1TY OF WACO, TP&L . MUNICIPALITIES, ET AL; and . 'fEXAS POWER ac LIGHT COMPANY, . ET AL • VS. . OF TRAVIS COUNTY, TEXAS PUBLIC UTILITY COMMISSION . OF TEXAS, ET AL . 53RD JUDICIAL DISTRICT Said Cause being a consolidation of appeals by Tex-La Electric Cooperative, Inc. and Texas Power dc Light Company, et al (Cause No. 277,471) and by the City of Waco and TP&L Municipalities, et al (Cause No. 292,363) from the Orders of the Public Utility Commission of Texas Rendered in Commission Docket Number 1517. FINAL JUDGMENT On the 19th and 29th days of December, 1980, came on for hearing the above styled and numbered cause together with other causes being consolidated herewith for purposes of hearing only. All parties appeared by and through their attorneys of record, and announced ready. After having considered the pleadings of the parties, the certified record of proceedings before the Public Utility Commission of Texas, and the argument of counsel, the Court finds that substantial rights of o Tex-La Electric Cooperative, Inc. and the Cities of Waco, Alvarado, Diboll, r _ ~ Farmers Branch, ,~ufkin, Palestine, Paris, Sherman, Tyler, and Woodway, Texas (the ~ F~+► n "TPdcL Municipalities") and the electric utility ratepayers thereof have been ~ ~ prejudiced because the final order of the Public Utility Commission ("Commission") ~ ~ issued in Docket Number 1517 is in violation of statutory provisions, in excess of the statutory authority of the Commission and is affected by error of law, insofar .as the order: 1. Concludes that Texas Electric Service Company ("TESCO"), Dallas Power ac Light Company ("DPacL°'), and Texas Power ac Light Company ("TPbcL") are not each affiliated interests and affiliates of each of the other as the terms affiliated interest and affiliate are defined in Section 3(i) of the Public Utility Regulatory Act ("PURA") and used in Section 41(c)(1) of PURA; 2. Authorizes TP&L to collect from ~tqgayers automatically as fuel adjustment charges payments vJ~`c4C-TP1,nIsm4FesR.,JQ affiliated interests FINAL JUDGMENT - Page One NO~GD of amounts which have raot first been reviewed or found to be reasonable as required by Section 41(c)(1) of PURA; and 3• Authorizes a fuel clause which permits TP&L to unilaterally define and redefine elements to be included as fuel adjustment charges to rate- payers and to change the manner of computation thereof without complying with Section 43 of PURA and to change rates in this fashion in contravention of Sections 42 and 43(f) of PURA. It is therefore ORDERED, ADJUDGED AND DECREED 1. That the final order of the Commission in Docket Number 1517 is REVERSED and REMANDED to the Commission with directions to the Commission that it: a. Revise its final order and all tariffs promulgated puFsuant thereto to delete any fuel adjustment clause, or other rate, bhich allows the recovery by TP&L from its ratepayers of any Cbst or expense attributable to, or resulting from, payments by TP&L to affiliates or affiliated interests except to the extent that the amount thereof shall have first been found reasonable pursuant to Section 41(c)(1), PURA; b. Modify its final order and all rates and tariffs, including any fuel adjustment clause, promulgated pursuant thereto to preclude recovery by TP&L from its ratepayers of any cost or expense R V attributable to, or resulting from, payments by TP&L to affiliates or affiliated interests except to the extent that the amount thereof shall have first been found reasonable pursuant to Section 41(cXl), PURA; c. Conclude that TESCO, TP&L, and DPdct, and each of them, are "affiliates" and "affiliated" interests of one another as defined by Section 3(i) PURA and as used in Section 41(c)(1) of PURA; and d. Correct its final order to reflect the foregoing. 2. All retief not expressly granted is hereby denied and except as expressly modified herein said final order in Docket Number 1517 is hereby affirmed in all respects. 3. That costs of this suit be taxed against Defendants, TP&L and Com- mission. FINAL JUDGMENT - Page Two SIGNED, RENDERED AND ENTERED this, the day of , 1982. 4bitting Designation Judge o~th 1 53rd and 200th Judicial District Courts of Travis County, Texas AGREED AS TO FORM: TP&L MUNICIPALITIES By TEX-LA ELECT~tC COOP " TIVE, INC. By: ~ J TEXAS POWER ac LIGHT COMPANY, TEXAS ELE.CTRIC SERVICE COMPANY, and DAL POWER dt LIGHT COMPANY ~ By PUBLIC UTILITY OMMISSION OF TEXAS ey - , FINAL JUDGMENT - Page Three ~ PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES Because Texas Electric Service Company, Texas Power b Light Company, and Dallas Power & Light Company ("the Companies") purchase fuel and fuel services from affiliates and affiliated interests and purchase power from each other, and because prices paid to affiliates and affiliated interests may be charged to the Companies' ratepayers only if found to be reasonable in compli- ance with Section 41(c)(1) of the Public Utility Regulatory Act (the "Act"), the fuel cost factor tariff schedules of the Compa- nies may be utilized to recoup those expenses which are incurred by the Companies by reason of payments made to affiliates and affiliated interests only upon the following additional terms and conditions: 1. Znsofar as fuel costs as used in calculation of the fuel cost factor arise by reason of payments to affiliates, all estimates of same submitted to the Commission under this Procedure shall include only those items within the definitions set forth in the Chart of Accounts of the affiliates, Texas Utilities Generating Company (TUGCO) and Texas Utilities Fuel Company (TUFCO), being attached hereto as Exhibits A(5) and A(6), respectively. The Chart of Accounts for Dallas Power & Light Company, Texas Power & Light Company, and Texas Electric Service Company are the Uniform System of Rccounts for Class A Utilities as required by the Public Utility Commission's Substantive Rules. That an item is within the definitions set forth in the charts of Account of TUGCO, TUFCO, or the , Companies does not establish that the cost of the item is reasonable or should be charged to ratepayers or should be passed through the fuel clause rather than being recouped throuqh base rates. 2. Charges will not be included in the calculation of the .Ir PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES Because Texas Electric Service Company, Texas Power 6 Light Company, and Dallas Power & Light Company ("the Companies") purchase fuel and fuel services from affiliates and affiliated interests and purchase power from each other, and because prices paid to affiZiates and affiliated interests may be charged to the Companies' ratepayers only if found to be reasonable in compli- ance with Section 41(c)(1) of the Public Utility Regulatory Act (the "Act"), the fuel cost factor tariff schedules of the Compa- nies may be utilized to recoup those expenses which are incurred by the Companies by reason of payments made to affiliates and affiliated interests only upon the following additional terms and conditions: 1. Insofar as fuel costs as used in calculation of the fuel cost factor arise by reason of payments to affiliates, all estimates of same submitted to the Commission under this Procedure shall include only those items within the definitions set forth in the Chart of Accounts of the affiliates, Texas Utilities Generating Company (TUGCO) and Texas Utilities Fuel Company (TUFCO), being attached hereto as Exhibits A(5) and A(6), respectively. The Chart of Accounts for Dallas Power & Light Company, Texas Power & Light Company, and Texas Electric Sezvice Company are the Uniform System of Rccounts for Class A Utilities as required by the Public Utility Commission's Substantive Rules. That -an item is within the definitions set forth in the charts of Account of TUGCO, TUFCO, or the Companies does not establish that the cost of the item is reasonable or should be charged to ratepayers or should be passed through the fuel clause rather than being recouped through base rates. 2. Charges will not be included in the calculation of the quarter or quarters for which approval is saught. (B) An affidavit, executed by an officer or designated representative of the Companies attesting: (1) That the factual matters set forth in the Initial Request are true and correct and that the estimates set forth therein ref lect the Companies' best estimates and are made in good f aith; (2) That the estimated prices are reasonable and are estimated to be no higher than the price of TUGCO or TUFCO for fuel related services to any other affiliated or non-affiliated person or corporation during the period of time stated in the Znitial Requests; and (3) That the Initial Request reflects no items which are not within the definitians set forth in the Chart of Accounts of the affiliates. (4) That there have been no changes in the accounting methodologies, the rates and/or practices of depreciatian or amoritization or calculation of interest charges, or other methods of computation in any affiliate charges except as specifically noted in the Request. The filing of such affidavit and the aforesaid Sched- ules shall not relieve the Companies' of their burden of proving the rsasonableness of payments made to affiliates and charged to the Companies' ratepayers in accordance with Paragraph 3 of this procedure in any hearing relating to this procedure or in any rate cases as described herein. 5. Unless an extension of time is ordered by the Commis- sion or a hearing examiner of the Commission, the Commission shall review the Initial Request and, within -3- ninety (90) days of the receipt of same, shall conduct a hearing thereon, and shall, on or before August 15, 1982, approve by written order such prices as it determines are reasonable and comply with this Procedure. Such order shall: (A) Establish prices per MMBtu for "fuel related services" supplied by TUFCO (separately for fuel gas related services and for fuel oil related services) and by TUGCO, separately by generating units as shown on Exhibit A(2), and such prices shall be charged through each Company's fuel cost factor tariff schedules in the billing months corresponding with the calendar quarter or quarters for which approval is sought. As used herein, the price for "fuel related services" shall be based upon TUFCO or TUGCO expenses, within the definitions contained in the Charts of Accounts of said affiliates, including those chargeable to each Company on account of TUFCO's or TUGCO's acquiring, transporting, causing to be transported, producing causing to be produced, storing, mining, or handling of fuel consumed in electric power generating plants, or which produce power for the Companies to the extent the Commission finds said expenses to be reasonable, and that said expenses should be charged to customers through the fuel a3justment clause, but shall specifically exclade: (1) Interest payments on the Senior Notes and other debt of TUFCO or TUGCO. Znterest on debt to Texas Utilities Company shall be at a rate equal to the daily weighted cost of all outstanding short-term indebtedness of Texas Utilities Company, including any fees incurred in connection -4- with the maintenance of the credit arrangement and, at times when Texas Utilities Company has no short-term indebtedness outstanding, the interest rate will be equal to the rate published daily in the Wall Street Journal for "high grade unsecured notes sold through dealers by major corporations for thirty days;" (2) The cost of natural gas and fuel oil acquired by TUFCO from non-affiliated interests and consumed in the operation of the TUFCO system of pipelines or in electric power generating plants which produce power for the Campanies; and (3) Depreciation and depletion charges on producing wells computed on successful efforts method incurred by TUFCO on behalf of DP&L, TP&L, and TESCO in developing natural gas resources and attributable to such Company's share of production thereform. Unsuccessful exploration and development costs shall not be passed through the fuel adjustment clause. (B) The Commission shall in such Order provide the opportunity for each Company to recover those actual Gosts incurred for fuel and fuel-related services found reasonable by the Commission up to the date of implementation of the prices established hereunder through their fuel cost factor tariff schedules to the extent that the Commission finds it appropriate to charge these costs through the fuel adjustment clause. 6. Companies may, pending further order of the Commission, charge to and collect from their ratepayers those fuel and fuel related expenses incurred from non-affiliated -5- interests and also those which are described in Subparagraphs (1), (2), and (3) of paragraph 5(A) above. In subsequent rate cases and other proceedings involving such matters, the companies shall have the burden of proving the amounts so charged and collected are reasonable. All amounts so charged and collected shall be refunded except to the extent that they are found reasonable and in accordance with this procedure. 7. Within twenty-five (25) days after the end of each calendar quarter, Companies shall determine whethl~r or not the established prices as charged for such calendar quarter exceeded or were less than the actual prices incurred by TUFCO and/or TUGCO for all such fuel related services for such quarter. Zf the actual prices of fuel related services rendered during said quarter be less than the price so established by the Commission for such calendar quarter, then the Companies shall report same to the Commission and shall refund to their customers the overrecovery resulting from the difference between such actual prices and the prices so established, such refund to be .applied to the fuel cost factors for the billing months corresponding with the second succeeding calendar quarter following the overrecovery. In the event that the prices established and charged for such calendar quarter be less than the actual price of fuel related services provided to such Companies by TUFCO and/or TUGCO, resultinq in an underrecovery of the actual cost incurred for such fuel related services, then in such event, the Companies shall be entitled to recover through their fuel cost factor schedules in each of the billing months corresponding with the second succeeding calendar quarter the underrecovery resulting from the difference between the actual prices and the prices as established, but -6- only to the extent that the Commission has by written order made a preliminary determination that such difference is reasonable, as provided for in Paragraph 8 below. Such preliminary finding of reasonableness shall not be binding on the Commission or any party in Companies' succeeding rate cases or other proceedings. 8. A Company seeking recovery of costs incurred which exceed the prices established for a previous quarter or the establishment of new prices per MMBtu for a future quarter or quarters for any such fuel related services as defined in Paragraph 5(A) above, shall within twenty-five (25) days following the close of such previous quarter, file with the Commission a written Request (hereinafter referred to as the "Quarterly Request") for the collection of such underrecovery, if any, and for such new prices, and in such Quarterly Request shall set forth the amount of the underrecovery, if any, and shall set forth specifically and in detail the basis upon which such Company contends that such additional costs should be so recovered, or new prices for fuel related services ,as described in Paragraph 5(A) above should be established. The burden of pxoof shall be upon the Companies to establish that the costs so incurzed which exceed the price established for the previous quarter and the new prices which it estimates to be incurred in such future quarter or quarters are reasonable and comply with this Procedure. The Commission shall act upon each such Quarterly Request within sixty (60) days from receipt thereof by final, appealable written order establishing such prices as it determines on a preliminary basis are reasonable and comply with this Procedure. Such preliminary finding of reasonableness shall not be binding on the Commission or any party in subsequent -7- rate cases or proceedings relating to fuel charges and shall not relieve the CornPany of its burden of proving in subsequent rate cases and proceedings that the amounts so charged and collected are reasonable. 9. Each Company shall in each general, systemwide rate case have the burden of proving that all amounts collected from ratepayers pursuant to paragraphs 5, 6, 7, and 8 of this Procedure since the end of the test year of the Company's preceding general, systemwide rate case are reasonable as defined in paragraph 3 of this Procedure and comply in all respects with this Procedure. The final order of the Commission in each generai, systemwide rate case of each Company shall inclu3e a finding of the extent to which amaunts collected from ratepayers pursuant tQ this Procedure are reasonable. Such finding of reasonableness sha11 include specific statements setting forth the cost to the affiliate of each service, property, right, or thing, or class tnereof, charged to rat.epayers pursuant to this Procedure and that the grice chargQd to the Company -is no higher than thP price charqed by the supplying affiliate to other aff iliates or divisions for the same item or items, or to unaffiliated persons or corporations. All amaunts cailected in excess of the amounts found in compliance with this procedure and reasonable by the Comntission shall be refunded in the next quarter following the entry of the final order making the determinatian of r.easonableness. 10. Nothing in this Procedure shail be construed to deny to the Companies the right to recover all fuel service expenses actually incurred by them to the extent that same are found by the Commission to be reasonable or to permit the Companies to recover more than those actual fuel service expenses which are found reasonable by the -8- Commission. All charges collected pursuant to this procedure are subject to review and refund in subse- quent rate cases and other proceedings. All amounts hereafter charged by affiliates and collected from the Companies' ratepayers through the fuel adjustment clause other than those specifically authorized by this Procedure and found reasonable by the Commission shall be refunded. 11. Notwithstanding anything to the contrary herein, any municipal regulatory authority exercising original jurisdiction over any one or more of the Companies (A) shail have the right to conduct any investigation relating to a Company's Request which such author- ity deemed advisable; and (B) shall have the right to intervene before the Commission, to obtain discovery and to participate in any meeting or hearing held pursuant to the above provisions; and (C) shall have the right to employ, collectively, an outside accounting firm to review the quarterly filings and substantiating data for approval to determine whether they comply with the Procedure, the cost of which review will be paid by the Companies to the extent that said cost is recover- able by the Companies as a rate case expense. 12. Any customer of the Companies shall have the right to intervene, participate, and obtain discovery concerning any Quarterly Request filed pursuant to this Procedure to the extent provided in this Commission's Rules of Practice and Procedures. -9-