O78-10ORDINANCE NO. 78-10
AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS ELECTRIC SERVICE
COMPANY.IN THE CITY OF KENNEDALE , TEXAS, PROVIDING FOR AN EFFECTIVE
DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE
SCHEDULES MAY BE CHANGED,'MODIFIED, AMENDED OR WITHDRAWN.
WHEREAS, on May 30, 1978, Texas Electric Service Company filed with the
City of KENNEDALE a request for an increase in rates to be charged
within the City in the amount of approximately $109 million per annum on a
systemwide basis, an increase of approximately 24.43%; and
WHEREAS, the City having suspended the effective date of such proposed
rate increase from July 5, 1978, and having considered the same at a public
hearing, is of the opinion and finds that an increase in rates should be
approved.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE , TEXAS:
SECTION 1: That an increase in the rates, tariffs and charges of
Texas Electric Service Company for electric power and energy sold within the
City be approved in an amount such that the adjusted total systemwide operating
revenues for the Company be increased $30,078,000 per annum, based on the adjusted
test year ending March 31, 1978, which constitutes an increase of approximately
6.7%. Such Schedule of Rates, as are approved in accordance herewith, are those
under which said Company shall be authorized to render electric service and 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 Rate Schedules
may be changed, modified, amended or withdrawn, with the approval of the City
Council.
SECTION 2: That Texas Electric Service Company shall, within 10 days from
the final passage of this Ordinance, file with the City a revised Schedule of Rates
and Tariffs setting forth those rates, tariffs and charges based upon an increase
in total operating revenues -as prescribed herein. Such Schedule of Rates and Tariffs
may be modified or amended by the City Council of the City of KENNEDALE
within 20 days from the final passage of this Ordinance, otherwise, same shall be
considered approved as filed. Such Schedule of Rates and Tariffs, as same may be
modified or amended, shall be effective from and after final passage of this
Ordinance and shall apply to all power and energy used by each customer after
the final passage of this Ordinance.
SECTION 3: That the action of the City Council of the City of KENNEDALE
enacting this Ordinance constitutes, on the date of its final passage, a final
determination of rates for Texas Electric Service Company within the City of
KENNEDALE in accordance with Section 43(e) of the Public Utility Regulatory
Act.
SECTION 4: Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying, in any manner, the right and power of the City
under the law to regulate the rates and charges of Texas Electric Service Company.
(Insert waiver, suspension, or emergency provisions, as applicable.)
PASSED AND APPROVED at a Regular Meeting of the CITY COUNCIL_
of the CITY of
day of
KENNEDALE
October
ATTEST:
, 1978.
, Texas, this the
Mayor
l2th
(LA
Steve Radakovich
ty Secretary,
(CITY SEAL)
elyn I. Templeton
the City of Kennedale, Texas, this 12 day of October
CERTIFICATE
I, Evelyn Templeton, City Secretary of the City of
Kennedale, Texas, hereby certify that the above and foregoing
is a true and correct copy of City of Kennedale Ordinance No. 78-10
duly adopted by the City Council of the City of Kennedale, Texas,
at a regular meeting thereof on the 12th day of October , _ 1978
as is reflected by the Minutes of said City Council.
TO CERTIFY WHICH witness my hand and the official seal of
1978
Evely / I. Templeton% City Secretary of
the City of Kennedale, Texas.
CITY SEAL:
DOCKET NO.
PETITION OF TEXAS ELECTRIC ) BEFORE THE PUBLIC UTILITY
SERVICE COMPANY TO (1) REVIEW )
ACTION DENYING RATE INCREASE )
AND (2) SET INTERIM RATES ) COMMISSION OF TEXAS
PETITION FOR REVIEW OF ACTION BY THE CITY OF KENNEDALE
AND FOR SETTING OF INTERIM RATES
TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS:
Texas Electric Service Company ("TESCO"), a corporation
organized and existing under the laws of the State of Texas and
a public utility as that term is defined in the Public Utility
Regulatory Act (Article 1446c, V.A.T.S.), files this Petition
for Review of an action by a municipality refusing to grant a
requested rate increase.
The general offices of TESCO are located at:
115 West Seventh Street
Fort Worth, Texas 76102.
TESCO's business mailing address is:
P. 0. Box 970
Fort Worth, Texas 76101.
TESCO's business telephone number is:
817/336-94+11 .
TESCO's authorized representatives are:
E. L. Watson, Vice President, TESCO and
Cantey, Hanger, Gooch, Munn & Collins
1800 First National Bank Building
Fort Worth, Texas 76102
817/335-9595.
Inquiries concerning this Petition should be directed
to E. L. Watson at the above address and telephone number.
In support of this Petition, TESCO would respectfully
show unto this Honorable Commission the following:
I.
That the Commission has jurisdiction of the parties
and the subject matter of this Petition by virtue of Sections 16
and 17(d) of the Public Utility Regulatory Act. The appellate
jurisdiction of this Commission is properly invoked by the filing
of this Petition in accordance with Section 26(a) of the Act.
II.
On May 30, 1978, TESCO filed an application to increase
the rates it charges for electric services in the referenced City,
the City having original jurisdiction of these rates under Sections
17(a) and 22 of the Public Utility Regulatory Act. The City refused
to allow implementation of the rates requested in TESCO's applica-
tion as is evidenced by Exhibit A, which is attached.
III.
TESCO's application to the City was for an increase
based on system -wide data. The rate filing package filed with the
City was the same as the rate filing package filed with the Public
Utility Commission on May 30, 1978, in Docket No. 1903. The
proposed tariffs, schedules, details of the proposed changes, the
effect of the proposed changes on revenues and financial statements
for the test year are as detailed in the data submitted in Docket
No. 1903. TESCO incorporates by reference the Petition, testimony
and supporting exhibits filed and presented in evidence in Docket
No. 1903.
IV.
TESCO serves 1,043 customers located within the corporate
limits of the referenced City.
V.
On October 20, 1978, at Docket No. 1903, this Commission
issued its Interim Order Nunc Pro Tunc setting rates to be charged
by TESCO in areas outside of municipalities, and inside those
municipalities which were parties in those dockets consolidated
for hearing with Docket No. 1903. By such Interim Order Nunc Pro
Tunc, this Commission established rates with respect to over fifty
percent of TESCO's total gross sales of electric energy.
VI.
Pending hearing and decision on this appeal from the
action of the City, and unless and until this Commission shall
determine and permit the charging of interim rates for electric
service within said City, TESCO may be forced to charge and
collect rates from customers within such City which are less
than those rates set by this Commission in Docket No. 1903.
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As a result thereof, TESCO's customers in those areas affected by
this Commission's Interim Order Nunc Pro Tunc at Docket No. 1903
will be discriminatorily required to pay higher rates for those
same classes of service being provided by TESCO to customers
within such City.
WHEREFORE, PREMISES CONSIDERED, Texas Electric Service
Company prays:
1. This Honorable Commission promptly review the
action of the City and fix such rates as should have been fixed
by the City, pursuant to Section 26(e) of the Public Utility
Regulatory Act, and
2. Pending hearing and determination of this appeal,
this Honorable Commission forthwith issue an Interim Order herein
fixing and prescribing interim rates to be charged by Texas -
Electric Service Company to its customers within the City, such
interim rates to be not less than those rates prescribed by this
Commission's Interim Order Nunc Pro Tunc at Docket No. 1903 and to
be effective as of the effective date of those rates prescribed at
Docket No. 1903.
Respectfully submitted,
CANTEY, HANGER, GOOCH, MUNN & COLLINS
1800 First National Bank Building
Fort Worth, Texas 76102
By !=�`
H. Carter Burdette
T. Tabor Chamberlain, Jr.
ATTORNEYS FOR APPLICANT,
TEXAS ELECTRIC SERVICE COMPANY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and
foregoing Petition for Review has been served on the City of
Kennedale, P.O. Box 268, Kennedale, Texas 76060 either by hand
delivery or Certified Mail, Return Receipt Requested, and the
General Counsel of the Public Utility Commission on this 25th day
of October, 1978.
--
H. Carer Burdette
T. Tabor Chamberlain, Jr.
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