17-M - TXU Gas Cost CaseAGENDA INFORMATION SHEET
PROJECT:
Consider a resolution authorizing participation of the City of Paris with other cities, under the
auspices of the TXU Gas City Steering Committee, in a major gas cost reconciliation case filed by TXU Gas
before the Texas Railroad Commission.
BACKGROUND:
There is a standing TXU Gas City Steering Committee which is a consorti u m of cities
(including in the past the City of Paris) monitoring gas-related matters involving the TXU Gas Company. The
Steering Committee has become aware of the intentions of TXU Gas Distribution to file a major gas cost
reconciliation case before the Texas Railroad Commission which would potentially involve $1.1 billion dollars
in gas costs. It is anticipated this case will be filed at the end of June and will cover some thirty-six (36)
months of previously collected gas costs.
The City of Paris has been asked by the consortium of cities to continue in its participation with the other cities
in fili ng an intervention before the Railroad Commission. The cities are the only entities with authority to
participate in reviewing this proposed gas reconciliation. Depending on the outcome, it could mean millions
of dollars in refunds for customers of TXU Gas Distribution, including those customers which reside in Paris.
Participation expenses are reimbursable and funds are available from the Steering Committee reserve fund to
pay the up-front expenses. However, for the City of Paris to participate, the City Council must adopt a
resolution supporting such action.
DESCRIPTION:
Consider adoption of a resolution joining the City of Paris with a consortium of other
cities from the TXU Gas Distribution system to intervene in GUD No. 9180, a gas reconciliation case filed
by TXU Gas Distribution, to reconcile $1.1 billion in previously incurred and billed gas costs.
COST:
There will be no direct cost to the City of Paris.
RECOMMENDED ACTION:
Approval of the resolution authorizing the City’s intervention in the gas utility
case.
STAFF CONTACT:
Larry W. Schenk, City Attorney
SCHEDULE:
The actual reconciliation case should be filed by or before the end of June 2001.
COUNCIL DATE:
Consider for approval at City Council’s Monday, June 11, 2001, regular Council
meeting.
ADDITIONAL MATERIALS:
See attached draft resolution approving the Cities intervention a s well as
supporting materials from the TXU Steering Committee asking for involvement of the cities.
DRAFT
ATTORNEY\LINDA\RESOLUTIONS\CURRENT\TXU Gas
June 7, 2001
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING INTERVENTION BEFORE TH E
RAILROAD COMMISSION OF TEXAS IN GUD NO. 9180 OR A
SUCCESSOR DOCKET; AUTHORIZING PARTICIPATION WI TH OTHER
CITIES SERVED BY TXU GAS D ISTRIBUTION IN ADMINISTRATIVE
AND COURT PROCEEDINGS INVOLVING TXU GAS COST
RECONCI LIATION MATTERS RELATED TO A FILING MADE IN THE
SUMMER OF 2001 AS DIRECTED BY A STEERING COMMITTEE OF
CITIES; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE
ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF
REASONABLE RATE CASE EXPENSE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUB J ECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Paris, Paris, Texas, is a customer of TXU Gas
Distribution and a regulatory authority with an interest in the rates and charges of TXU Gas; and,
WHEREAS,
TXU Gas Distribution has represented that it will make a filing at the Railroad
Commission of Texas in GUD No. 9180 on or about June 29, 2001, to reconcile $1.1 billion in
previously incurred and billed gas costs; and,
WHEREAS,
ratepayers of TXU Gas Distribution, including the City of Paris and its residents
would be entitled to a pro rata port ion of a refund associated with any cost found to have been
unreasonable; and,
WHEREAS,
the City of Paris and its residents could benefit from joint participation with
other cities in a review of the reasonableness of TXU Gas Distribution’s gas costs; and,
WHEREAS,
the reasonable costs associated with the participation of cities in this ratemaking
NOW, THEREFORE,
proceeding are reimbursable from the Company;
BE IT RESOLVED B Y THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
T hat the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
That intervention is hereby authorized in GUD No. 9180 or any successor docket
at the Railroad Commission of Texas.
Section 3.
T hat the City designates the City Attorney as a representative to a Cities’ Steering
Committee that shall direct the efforts of counsel and consultants and the course of settlement or
litigation before the Railroad Commission or on appeal to any court regarding any matter related to
the gas cost reconciliation filing that TXU Gas Distribution plan s to make during the summer of
2001.
Section 4.
T hat TXU Gas Distributi on shall promptly reimburse the City of Paris for any
reasonable cost associated with the City’s participation in this ratemaking matter.
Section 5.
That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED
this 11th day of June, 2001.
____________________________________
Michael J. Pfiester, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
CITy A I'
TXU GAS CITIES STEERING CO~ITTEE
JAY DOEGEy, C~IR OF THE STEERING CO~ITTEE
PHONE: (817) 459-6878; F~: (817) 459-6897
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
TXU GAS (FORMERLY LONE STAR GAS) CITIES STEERING
COMMITTEE
Jay B. Doegey, Chair of the Steering Committ~
New Gas Cost Reconciliation Case
May 30, 2001
Please review the attached memorandum from our rate case
attorney, Geoffrey Gay. TXU Gas is planning to file a major
gas cost reconciliation case at the Texas Railroad Commission
at the end of June covering thirty-six (36) months and
involving $1.1 billion in gas costs. Since there will be an
expedited hearing schedule, Geoffrey has asked for authority
from cities in advance of the case filing to begin
preparations to intervene in the case. Any gas costs found by
the Commission to be unreasonably incurred will be refunded to
rate payers. Participation expenses are reimbursable and
there are already funds available with the Steering Committee
to pay up front expenses. Therefore, the only action
necessary to participate in this effort is the passage of an
intervention resolution similar to the model resolution
attached. Please mail a copy of your city's resolution to
Geoffrey Gay and me upon its approval.
JD/blj
Attachment
LLOYD, GOSSE:LINK, BLEVINS, F~OCHELLE,
BALDWIN ~ TOWNS£ND, P. C.
ATTORNIEys AT LAW
Ivir. Gay'$ Direct Linc: (512)322-5875
MEMORANDUM
TO:
FROM:
DATE:
RE:
Cities Served by TXU Gas
Geoffrey M. Gay
May 23, 2001
Gas Cost Reconciliation
At the end of June TXU Gas Distribution will file a gas cost reconciliation proceeding at
the Railroad Cormmission. At issue will be the prudence and reasonableness of $1.1 billion in
gas costs recovered in the 36 months ending in the fall of 2000. Primary responsibility for
review of the Company's gas procurement practices and the reasonableness of gas purchases will
rest with Cities. The costs incurred by the Cities are reimbursable from TXU Gas Distribution.
The case will require an expedited review by consultants from June 30 through August
30, 2001. Thus, it is critical to have a group of cities prepared to intervene on June 30 and to
have consultants available on that date with the resources to commence immediate work.
Delaying City action until after the Company makes its formal filing will nullify any effective
review.
Assuming Cities' consultants identify some issues from their review, settlement
discussions will commence. If said discussions do not lead to a resolution, Cities' testimony will
be due October 29, 2001 and a hearing will occur in November. Any gas costs found to have
been unreasonably incurred will be refunded to ratepayers.
The docket in which the case will be filed has been designated as Gas Utilities Docket
9180.
A model resolution is attached that authorizes intervention.
RESOLUTION NO.
A RESOLUTION BY THE CITY OF , TEXAS AUTHORIZING
INTERVENTION BEFORE THE RAILROAD COM2MISSION OF TEXAS IN
GUD NO. 9180 OR A SUCCESSOR DOCKET; AUTHORIZING
PARTICIPATION WITH OTHER CITIES SERVED BY TXU GAS
DISTRll3UTION IN ADMINISTRATIVE AND COURT PROCEEDINGS
INVOLVING TXU GAS COST RECONCILIATION MATTERS RELATED TO
A FILING MADE IN THE SUMMER OF 2001 AS DtR.ECTED BY A
STEERING COMMITTEE OF CITIES; DESIGNATING A
REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING
COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE RATE
CASE EXPENSE
WHEREAS, the City Council of the City of , Texas is a customer of TXU
Gas Distribution and a regulatory authority with an interest in the ~'ates and charges of TXU Gas;
and
WHEREAS, TXU Gas Distribution has represented that it will make a filing at the
Railroad Commission of Texas in GUD No. 9180 on or about June 29, 2001 to reconcile $1.I
billion in previously incurred and billed gas costs; and
WHEREAS, ratepayers of TXU Gas Distribution, including the City of
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 and its residents could benefit from joint
participation with other Cities in a review of the reasonableness of TXU Gas Distribution's gas
costs; and
WHEREAS, the reasonable costs associated with the participation of Cities in this
ratemaking proceeding are reimbursable from the Company.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
, TEXAS THAT:
1. Intervention is hereby authorized in GUD No. 9180 or any successor docket at the
Raikoad Commission of Texas.
2. The City designates as a representative to a Cities' Steering
Committee that shall direct the efforts of counsel and consultants and the course of settlement or
litigation before the Raikoad Commission or on appeal to any court regarding any matter related
to the gas cost reconciliation filing that TXU Gas Distribution plans to make during the summer
of 2001.
3. TXU Gas Distribution shall promptly reimburse the City of for
any reasonable cost associated with the City's participation in this ratemaking matter.
Signed this day of ., 2001.
Mayor
ATTEST: