Min 05/14/1991 683
Wichita Falls, Texas
Memorial Auditorium Building
May 14, 1991
Items 1 & 2
The City Council of the City of Wichita Falls, Texas, met
in called session on the above date in the Council Room of the
Memorial Auditorium Building at 8: 30 o'clock a.m. , with the
following members present.
Michael Lam Mayor
David Farabee -
Terrance E. Loughry -
Angus Thompson -
Paul Hughes - Councilors
J. W. Martin -
Don Kirkham -
James Berzina City Manager
Gregory Humbach City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Mayor Lam.
A proclamation was presented for Buddy Poppy Week by Mayor
Lam.
Item 3 - - - - - - -
Mayor Lam explained that the purpose of this meeting is for
a work session and public hearing on Lone Star Gas rate request.
Willard Townsend, Regional Director for Lone Star Gas
Company explained that he will be available to answer any
questions which may be brought during the deliberation. They
are now requesting a percentage increase, which is a compromise
of 56 percent of their original request.
Mrs. Ozuna opposed the proposed gas rate increase.
Vernal Huffines, with Mathis, West, and Huffines Certified
Public Accountants, noted that Lone Star Gas has requested
additional revenues from commercial and residential customers.
It is the Council ' s job to determine whatever kind of rate
increase the gas company is due.
Keith Reed, Partner with Reed, Stowe, and Company in
Dallas, presented a series of transparencies for the Council' s
review. He stated their intent is not to become argumentative,
but to present their findings.
The position of the consultant is that rates should be set
on all classes of the distribution system. The position of Lone
Star Gas is based on residential and commercial class revenue
requirements. He presented a methodology of allocating all
customers . They believe GURA Sections 5. 03 and 5. 06 should be
adhered to, and look at all rates. There were also differences
of opinion between Lone Star Gas and Reed and Stowe on the
construction work in progress. Working capital also showed a
difference of opinion. He noted various kinds of cash generated
by user fees, taxes, etc. , that are in existing rates and
collected monthly from the ratepayers. In general, they have no
objections to rate case expenses being refunded to them as an
expense. They feel it should be based on the total company
operations.
684
Item 3 cont'd.
Investment tax credits were also discussed with the
difference of opinion between Lone Star Gas and Reed and Stowe.
Trending, operation, and maintenance expenses were for the test
year ended June 30, 1990 . For the twelve months ended December
31, 1990, those expenses have gone down, rather than increasing.
Mr. Reed noted that Lone Star Gas is a surrogate of
ENSEARCH. Lone Star does not have a capital structure. The
cost of equity, or common stock earnings, was recommended for
adoption at 12. 5 percent. They believe cost allocation should
be to all customers on the system; not just residential and
commercial. The number of customers has nothing to do with
total volume. Half should be on volume, and half on peak.
Transportation, military and industrial has to be included in
total revenue to determine operating income.
On a system-wide basis the Company' s earnings are $88,000
deficient. They believe they should be allowed to earn this
much more. You try to recover from the persons who cause this
expense. They recommend that they be granted $97,000 for
recovery of customer cost of service and miscellaneous service
charges, and that there be no increase in gas sales rates.
Mayor Lam asked for clarification of the 69 percent
increase on industrial customers subsidizing residential and
commercial customers, as noted in Dallas. It was explained that
commercial and residential customers are being asked to
subsidize the industrial customer, according to their
allocations. Industrial customer rates are set exactly the same
way in every city in Texas.
In the Wellington and Stephenville rate cases, no person
representing Stephenville made any presentation before the
Railroad Commission. The hearing was held by the staff of the
Railroad Commission on behalf of Stephenville. The same thing
happened with the City of Wellington. In this case it was
unique that the hearing examiner made a statement that the staff
does not have the assistance of a rate analyst from the Railroad
Commission staff.
Councilor Hughes asked about the service charges of
$97, 000. Mr. Reed stated they find no fault with these figures.
It leaves them in a reasonably competitive position.
Councilor Martin mentioned allocation of investment of
industrial sales and transportation. Mr. Reed stated that Lone
Star ' s methodology is heavily weighted toward the number of
customers. They believe it should be based on volume.
Councilor Loughry asked questions pertaining to the
consultant' s opinion of whether Lone Star Gas would be
successful before the Railroad Commission, and who would pay the
cost. Mr. Reed had no opinion on success or failure, but noted
the expense is a cost of doing business, whether they win or
not.
Mr. Reed noted there is a 30-day time frame for the Company
to make their decision on whether to go to the Railroad
Commission, if their request is denied at the local level. The
process begins all over at the Railroad Commission. Nothing is
used which has been presented here or by the Company. It can
also be appealed out of the Railroad Commission to the Travis
County District Court.
685
Item 3 cont'd.
Mr. Berzina asked about a pure industrial rate situation.
Mr. Reed explained that any specific rate increase would have to
come back before this body. There is a difference between pure
industrial and transporation charges. If we don' t get the
issues decided by some rate commission, they in fact become law,
which could be a problem in the future. The number of dollars
is not so much in dispute, but the methodology.
Willard Townsend stated there are some differences in
figures. Incorporated cities in Texas have the regulating
authority, and the Railroad Commission is the appeal. The City
has the right to regulate rates, except for transporatation
charges. On working capital, Mr. Reed stated they pay for 74
percent of their gas. Mr. Townsend stated they pay for over 90
percent of their gas. He also mentioned the test cases which
caused a rebate to their customers. He stated the Seaboard
method has never been accepted by the Railroad Commission.
Ninety percent of their industrial customers and volumes are
located outside the City of Wichita Falls. They invest almost
one million dollars in capital in this system per year. Most of
it is downtown, and not going to industrial customers. The
transportation contracts are on file with the Railroad
Commission. They would be willing to accept $394 ,000 , which is
56 percent of their request. They believe they can get this
amount at the Railroad Commission.
Mayor Lam asked about a 69 percent increase in industrial
rates. He stated that Lone Star has no intention of going up on
industrial rates.
Councilor Farabee noted that the consultant stated that the
Railroad Commission looks at total and overall. He said in the
Wellington case it was by fact and figure. This would give them
56 percent of their request. Mr. Townsend stated he was not
familiar with the Stephenville case. Councilor Farabee asked
Mr. Townsend what would happen if this body would only allow
$97,000. Mr. Townsend stated he would recommend that it be
appealed to the Railroad Commission. He stated their shortfall
is $400,000, based on the Wellington case. The $97, 000 is part
of the $702,000 which they requested. It would also be a part
of the $394 ,000 if they compromised. He stated ENSEARCH owns
three companies. It is not purely a gas company. They want to
change the structure to a straight rate, rather than a
winter/summer rate. The more they sell, the cheaper it can be
for their customers. It would throw most of the increase to the
summer when sales are low. He stated that the process of the
Railroad Commission is 185 days.
Councilor Thompson explained that he drew the conclusion in
a previous conversation with him that the rate request was
generated because we had lost several large customers, like
Sprague. Mr. Townsend stated that was not his intent. He was
just saying they face the same economic situations that all
other companies do.
Other discussion continued on projected growth at Sheppard
AFB, and what effect it would have on future requests. Mr.
Townsend explained that he could not say when they would be back
to the Council or what would cause it. Mr. Townsend requested
favorable consideration of his request.
686
Item 4
ORDINANCE NO. 50-91
AN ORDINANCE FIXING AND DETERMINING A GENERAL SERVICE
RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO
RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF
WICHITA FALLS, WICHITA COUNTY, TEXAS; PROVIDING FOR THE
MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND
AMENDED; PROVIDING FOR THE RECOVERY OF CURRENT RATE
CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE
CHARGES; PROVIDING FOR A MAIN LINE EXTENSION RATE;
DECLARING AN EMERGENCY; AND FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Hughes that Ordinance No. 50-91 be
passed, denying the rate increase, and accepting the reasonable
service charge request.
Motion seconded by Mayor Lam.
Councilor Martin stated he is not in favor of the 56
percent proposed by Lone Star, but something less than that.
Councilor Thompson noted that he leans toward the motion made,
stating Mr. Townsend indicated yesterday he would not be willing
to compromise for less than 56 percent. Councilor Kirkham
favored a smaller increase than 56 percent, stating he does not
think the service charge request would be enough.
The motion carried by the following vote.
Ayes: Mayor Lam, Councilors Farabee, Thompson, and Hughes
Nays: Councilors Loughry, Martin, and Kirkham
The City Council recessed at 10: 20 a.m. , and reconvened at
10: 40 a.m.
Mayor Lam noted Councilor Hughes ' birthday.
Item 5
The City Council recessed into executive session at 10: 42
a.m. , according to article 6252-17, Section 2(e) and (f) , VACS.
The meeting reconvened at 11: 30 a.m. , and immediately adjourned.
PASSED AND APPROVED this the lay of 1991.
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ATTEST:
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Wilma J. T omas, CMC/AAE
City Clerk