Res 056-2001 5/15/2001RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING INTERVENTION IN TXU ELECTRIC
COMPANY'S APPLICATION TO IMPLEMENT PRICE TO BEAT FUEL
FACTOR FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS,
DOCKET NO. 24040; AUTHORIZING THE JOINING WITH OTHER
INTEVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER
INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND
CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES'
RATEMAKING COSTS; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls is a regulatory authority under the Public
Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and
services of TXU Electric Company ( "TXU ") within the municipal boundaries of the city;
and
WHEREAS, TXU filed an application with the Public Utility Commission (PUC) on
or about May 1, 2001, to establish the price to beat fixed fuel factor effective January 1,
2002; and,
WHEREAS, establishing the price to beat fuel factor will affect the electric bill of
TXU customers, including the City of Wichita Falls; and,
WHEREAS, pursuant to PURA §33.025, the City of Wichita Falls has standing to
intervene in PUC proceedings relating to the provision of electric service to the City;
and,
WHEREAS, coordinating with other cities served by TXU can protect the
interests of the City of Wichita Falls and the electric customers residing within municipal
boundaries most effectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City of Wichita Falls is authorized to intervene in TXU's price to
beat fuel factor case filed at the Public Utility Commission of Texas, Docket No. 24040.
SECTION 2. The City of Wichita Falls is authorized to join other cities served by
TXU and to create a Steering Committee to coordinate efforts to protect the interests of
the City and protect the interests of TXU's customers residing and conducting business
within municipal limits.
SECTION 3. Subject to the right to terminate employment at any time, the City of
Wichita Falls hereby authorizes the hiring of Geoffrey Gay and Kristen Doyle of the law
firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin, & Townsend, and qualified
consultants and witnesses as may be necessary to review TXU's filings, to represent
the City of Wichita Falls at the PUC and to prosecute any appeals as directed by the
Steering Committee.
SECTION 4. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of May 2001.
ATTEST:
U'Aia' 2 6
City Clerk
AYOR