05-06-12-Resolution-Denying Atmos Rate Increase-05/21/2012RESOLUTION #R 05-06-12
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WHEREAS, Atmos Energy Corporation ("Atmos" or "Company") filed a Statement of
Intent with the City on or about January 31, 2012 to change increase its revenue and change its
rate schedules within the corporate limits of the City, specifically to increase its system -wide,
annual revenue requirement by approximately $49.0 million which is an increase in base -rate
exclusive of cost of gas of approximately 12%; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
and under Chapter 104, § 103.001 et seq. of GURA has exclusive original
jurisdiction over Atmos' rates, operations, and services within the municipality; and
WHEREAS, the City approved a Resolution suspending Atmos' proposed effective date
for its rate increase ninety days beyond Atmos' proposed effective date; and
WHEREAS, on or about April 25, 2012, Atmos extended its proposed effective date
from March 6, 2012 to March 13, 2012, which has the effect of extending the statutory deadline
from June 4, 2012 to June 11, 2012, subject to the City's right to continue a hearing in progress;
and
WHEREAS, the City has concluded that the rate increase proposed by Atmos is
unreasonable and Atmos has not consented to appropriate adjustments to its proposed rate
increase and that Atmos has failed to prove that is request is reasonable;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS THAT:
Section 1. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth,
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Section 2. The City denies the rate increase Atmos filed on or about January 31,
Section 3. A copy of this Resolution shall be sent to Atmos Energy Mid -Tex, care of
Mr. David Park, Vice President Rates and Regulatory Affairs, Atmos Energy Corporation, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240; and to Mr. Alfred R. Herrera, Herrera & Boyle,
PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701,
Section 4. This meeting at which this Resolution was approved was in all things
conducteA in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 5. This Resolution shall become effective from and after its passage.
PASSED AND APPROVED this - day of /7 2012.
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THOMAS MUIR, MAYOR