1982 Ordinance-Revising Fuel Adjustment Clause of TX Power & Light Company, Providing an Effective Date
ORDINANCE NO.
AN ORDINANCE REVISING THE FUEL ADJUSTMENT CLAUSE OF TEXAS POWER AND LIGHT
COMPANY IN THE CITY OF WYLIE, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR
SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULE, AND PROVIDING CONDITIONS UNDER
WHICH SUCH FUEL ADJUSTMENT CLAUSE RATE SCHEDULE MAY BE CHANGED, MODIFIED,
AMENDED OR WITHDRAWN.
WHEREAS, on July 29, 1982, the District Court of Travis County, Texas,
200th Judicial District entered a final judgment in favor of various cities
and cooperatives served by Texas Power and Light Company (ITP&L")and adverse
to TP&L, a copy of which is attached hereto as Exhibit "1" and incorporated
herein for all purposes; and
WHEREAS, the District Court in said judgment ruled that the fuel
adjustment clause used by TP&L and authorized by the Public Utility
Commission of Texas does not meet the requirements of law; and,
WHEREAS, the City finds that the judgment and all included findings
and conclusions of the District Court shall be complied with in all regards,
and said judgment is hereby adopted and approved; and
WHEREAS, TP&L did, on December 9, 1981, file a proposed fuel cost
factor tariff for service within the City of Wylie ("City") to become
effective January 13, 1982, the operation of which was suspended from
time to time thereafter by action of the council of voluntary extension
by the company; and
WHEREAS, the City, having considered the attached proposed modified
fuel adjustment clause and procedure for approval of payments to affiliates
finds that the modified fuel adjustment clause and procedure for approval of
payment of affiliates should be approved and construed in accordance with the
attached final judgment of the District Court;
NOW, THEREFORE, be it ordained by the City Council of the City of Wylie,
Texas:
SECTION 1: That the fuel adjustment clause rate schedule of Texas
Power and Light Company is hereby amended in accordance with Exhibit "11".
Such procedure is the one under which TP&L shall be authorized to collect
charges from its customers for the sale of electric power and energy within
the corporate 1 imits of the City until such time as said fuel adjustment clause
rate schedule may be changed, modified, amended, or withdrawn, with the
approval of the City Council.
SECTION 2: Such fuel adjustment clause rate schedule, 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 Wylie
enacting this ordinance constitutes, on the date of its final passage, a final
determination of the fuel adjustment clause rate of Texas Power and Light Company
within the City of Wylie, in accordance with Section 43(e) of the Public Utility
Regul atory Act.
SECTION 4: That the final judgment of the District Court of Travis
County, Texas, 200th Judicial District, attached hereto as Exhibit "1" is
hereby approved and adopted. The attached modified fuel adjustment clause and
procedure for approval of payments to affiliates shall be construed in accordance
with said final judgment.
SECTION 5: The Company shall within 20 days from the passage hereof
file all necessary supporting exhibits and tariff revisions which shall be
identical to those agreed to by all parties and approved in Public Utility
Commission Docket 4224, all of which shall become a part of the Company's tariffs.
SECTION 6: Nothing in this ordinance shall be construed now or hereafter
as limiting or modifying, in any manner, the right or power of the City under the
law to regulate the rates and charges of Texas Power and Light Company.
SECTION 7: The rule providing for the reading of an ordinance on three
separate days is hereby suspended and this ordinance shall become effective as
provided by the Charter of the City of Wylie.
PASSED AND APPROVED at the regular meeting of the City Council of the
City of Wylie, Texas this 14th day of September, 1982.
Robert B. Squires, Mayor
ATTEST:
Gail Wallace, City Secretary
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NO. 277,471
TEX-LA ELECTRIC COOPERATIVE,
INC.; CITY OF WACO, TP&:L
MUNICIPALITIES, ET AL; and
TEXAS POWER &: LIGHT COMPANY,
ET AL
IN THE DISTRICT COURT
VS.
OF TRAVIS COUNTY, TEXAS
PUBLIC UTILITY COMMISSION
OF TEXAS; ET AL
.
.
53RD JUDICIAL DISTRICT
Said Cause being a consolidation of appeals
by Tex-La Electric Cooperative, Inc. and
Texas Power &: Light Company, et al (Cause No. 277,471)
and by the City of Waco and
TP&:L Municipalities, et al (Cause No. 292,363)
from the Orders of the Public Utility Commission of Texas
Rendered in Commission Docket Number 1517
FINAL JUDGMENT
On the 19th and 29th days of December, 1980, came on for hearing the above
styled and numbered cause together with other causes being consolidated herewith
for purposes of hearing only. AlI parties appeared by and through their attorneys
of record, and announced ready. After having considered the pleadings of the
parties, the certified record of proceedings before the Public Utility Commission
of Texas, and the argument of counsel, the Court finds that substantial rights of
Tex-La Electric Cooperative, Inc. and the Cities of Waco, Alvarado, Diboll,
Farmers Branch, i-ufkin, Palestine, Paris, Sherman, Tyler, and Wood way, Texas (the
tfTP&L Municipalities") and the electric utility ratepayers thereof have been
~ .
prejudiced because the final order of the Public Utility Commission ("Commission")
issued in Docket Number 1517 is in violation of statutory provisions, in excess of
the statutory authority of the Commission and is affected by error of law, insofar
.as the order:
1. Concludes that Texas Electric Service Company (tfTESCO"), DalIas
Power &: Light Company ("DP&Ltf), and Texas Power &: Light Company
("TP&:L") are not each affiliated interests and affiliates of each of the
other as the terms affiliated interest and affiliate are defined in
Section 3m of the Public Utility Regulatory Act ("PURAtf) and used in
Section 41 (c)(I) of PURA;
2. Authorizes TP&:L to collect from lfC\ttmayers automatically as fuel
adjustment charges payments ':!~~1STf\c8l.59'1~~'sBip affiliated interests
FINAL JUDGMENT - Page One
NOTED
of amounts which have not first been reviewed or found to be
reasonable as required by Section 4I(c)(I) of PURAj and
3. Authorizes a fuel clause which permits TP&L to unilaterally define and
redefine elements to be included as fuel adjustment charges to rate-
payers and to change the manner of computation thereof without
complying with Section 43 of PURA and to change rates in this fashion
in contravention of Sections 42 and 43{f) of PURA.
."
It is therefore ORDERED, ADJUDGED AND DECREED
1. That the final order of the Commission in Docket Number 1517 is
REVERSED and REMANDED to the Commission with directions to the
Commission that it:
a. Revise its final order and all tariffs promulgated pursuant thereto
. .,
to delete any fuel adjustment clause, or other rate, ..chich allows
the recovery by TP&L from its ratepayers of any ct>st or expense
attributable to, or resulting from, payments by TP&L to affiliates
or affiliated interests except to the extent that the amount
thereof shall have first been found reasonable pursuant to Section
4l(c){l), PURA;
b. Modify its final order and all rates and tariffs, including any fuel
adjustment clause, promulgated pursuant thereto to preclude
recovery by TP&L from its ratepayers of any cost or expense
'"
"
attributable to, or resulting from, payments by TP&L to affiliates
cr affiliated interests except to the extent that the amount
thereof shall have first been found reasonable pursuant to Section
4l(cX 1), PURA;
c. Conclude that TESCO, TP&:L, and DP&L, and each of them, are
"affiliates" and "affiliated" interests of one another as defined by
Section 3(i) PURA and as used in Section 41{c)(l) of PURAj and
d. Correct its final order to reflect the foregoing.
2. All relief not expressly granted is hereby denied and except as expressly
modified herein said final order in Docket Number 1517 is hereby
affirmed in all respects.
3. That costs of this suit be taxed against Defendants, TP&L and Com-
mission.
FINAL JUDGMENT - Page Two
SIGNED,
f~
RENDERED
AND
ENTERED this,
the "z y~ day of
r
, 1982..
itting by Designation Judge of the
53rd and 200th Judicial District Courts
of Travis County, Texas
AGREED AS TO FORM:
TP&L MUNICIPALITIES
By !~/A,~~
TEX-LA ELE~C C, O~~,'ER TIVE, INC.
./ /1..-
/ /
By: J '
/)
L/
TEXAS POWER & LIGHT COMPANY,
TEXAS ELECTRIC SERVICE COMPANY,
and DAL POWER & LIGHT COMPANY
By
By -
F!~,A.L JUDGMENT - Page Three
:zr
PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES
Because Texas Electric Service Company, Texas Power' Light
Company, and Dallas Power , Light Company (" the Companies")
purchase fuel and fuel services 'from affiliates and affiliated
interests and purchase power from each other, and because prices
paid to affiliates and affiliated interests may be charged to the
Companies' ratepayers only if found to be reasonable in compli-
ance with Section 41(c) (1) of the Public Utility Regulatory Act
(the "Act"), the fuel cost factor tariff schedules of the Compa-
nies may be utilized to recoup those expenses which are incurred
by the Companies by reason of payments made to affiliates and
affiliated interests only upon the following additional terms and
conditions:
1. Insofar as fuel costs as used in calculation of the
fuel cost factor arise by reason of payments to
affiliates, all estimates of same submitted to the
Commission under this Procedure shall include only
those items within the definitions set forth in the
Chart of Accounts of the affiliates, Texas Utilities
Generating Company (TUGCO) and Texas Utilities Fuel
Company (TUFCO), being attached hereto as Exhibits A(5)
and A (6), respectively. The Chart of Accounts for
Dallas Power & Light Company, Texas Power & Light
Company, and Texas Electric Service Company are the
Uniform System of Accounts for Class A Utilities as
required by the Public Utility Commission's Substantive
Rules. That an item is within the definitions set
forth in the charts of Account of TUGCO, TUFCO, or the
Companies does not establish that the cost of the item
is reasonable or should be charged to ratepayers or
should be passed through the fuel clause rather than
being recouped through base rates.
2. Charges will not be included in the calculation of the
fuel cost factor by reason of power purchased from any
affiliated Company except for those types of power
specified in Exhibit A(l) attached hereto and priced
according to the formulae specified in said Exhibit
A(l) .
3. Charges will not be included in the calculation of the
fuel cost factor by reason of payments to affiliates
for any item except to the extent that the amount
thereof is found reasonable by the Commission. Such
finding of reasonableness shall include specific
statements setting forth the cost to the affiliate of
each item or class items, and a finding that the price
to the utility is no higher than prices charged by the
supplying affiliate to its other affiliates or divi-
sions for the same item or items, or to unaffiliated
persons or corporations.
4. Within sixty (60) days of the entry of this Final
Order, the Companies shall file a "Request for Approval
of Payments to Affiliates" (hereinafter referred to as
the "Initial Request.) with the Commission. Such
Initial Request shall include:
(A) Schedules substantially conforming to the format
set forth in the Exhibits A(2), A(3), and A(4)
attached hereto, which shall set forth:
(1) An estimate (shown on Exhibit A(2)) of cost
on a dollars per MMBtu basis for "fuel
related services. (as hereinafter defined)
supplied by TUGCO for the calendar quarter or
quarters for which approval is sought; and
(2) An estimate (shown on Exhibit A(3) and A(4)
of cost on a dollars per MMBtu basis for
"fuel related services. (separately for fuel
gas related services and for fuel oil related
services) supplied by TUFCO for the calendar
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quarter or quarters for which approval is
sought.
(B) An affidavit, executed by an officer or designated
representative of the Companies attesting:
(1) That the factual matters set forth in the
Initial Request are true and correct and that
the estimates set forth therein reflect the
Companies' best estimates and are made in
good faith;
(2) That the esti~~ted prices are reasonable and
are estimated to be no higher than the price
of TUGCO or TUFCO for fuel related services
to any other affiliated or non-affiliated
person or corporation during the period of
time stated in the Initial Requests; and
(3) That the Initial Request reflects no items
which are not within the definitions set
forth in the Chart of Accounts of the
affiliates.
(4) That there have been no changes in the
accounting methodologies, the rates and/or
practices of depreciation or amoritization or
calculation of interest charges, or other
methods of computation in any affiliate
charges except as specifically noted in the
Request.
The filing of such affidavit and the aforesaid Sched-
ules shall not relieve the Companies' of their burden of
proving the reasonableness of payments made to affiliates
and charged to the Companies' ratepayers in accordance with
Paragraph 3 of this procedure in any hearing relating to
this procedure or in any rate cases as described herein.
5. Unless an extension of time is ordered by the Commis-
s~on or a hearing examiner of the Commission, the
Commission shall review the Initial Request and, within
-3-
ninety (90) days of the receipt of same, shall conduct
a hearing thereon, and shall, on or before August 15,
1982, approve by written order such prices as it
determines are reasonable and comply with this
Procedure. Such order shall:
(A) Establish prices per MMBtu for "fuel related
services" supplied by TUFCO (separately for fuel
gas related services and for fuel oil related
services) and by TUGCO, separately by generating
units as shown on Exhibit A(2), and such prices
shall be charged through each Company's fuel cost
factor tariff schedules in the billing months
corresponding with the calendar quarter or
quarters for which approval is sought. As used
herein, the price for "fuel related services"
shall be based upon TUFCO or TUGCO expenses,
within the definitions contained in the Charts of
Accounts of said affiliates, including those
chargeable to each Company on account of TUFCO's
or TUGCO's acquiring, transporting, causing to be
transported, producing causing to be produced,
storing, mining, or handling of fuel consumed in
electric power generating plants, or which produce
power for the Companies to the extent the
Commission finds said expenses to be reasonable,
and that said expenses should be charged to
customers through the fuel adjustment clause, but
shall specifically exclude:
(1) Interest payments on the Senior
Notes and other debt of TUFCO or TUGCO.
Interest on debt to Texas Utilities Company
shall be at a rate equal to the daily
\;leighted cost of all outstanding short-term
indebtedness of Texas Utilities Company,
including any fees incurred in connection
-4-
with
the
maintenance
of
the
credit
arrangement and, at times when Texas
Utilities Company has no short-term
indebtedness outstanding, the interest rate
will be equal to the rate published daily in
the Wall Street Journal for "high grade
unsecured notes sold through dealers by major
corporations for thirty days;"
(2) The cost of natural gas and fuel oil acquired
by TUPCO from non-affiliated interests and
consumed in the operation of the TUPCO system
of pipelines or in electric power generating
plants which produce power for the Companies;
and
(3) Depreciation and depletion charges on
producing wells computed on successful
efforts method incurred by TUFCO on behalf of
DP&L, TP&L, and TESCO in developing natural
gas resources and attributable to such
Company's share of production thereform.
Unsuccessful exploration and development
costs shall not be .passed through the fuel
adjustment clause.
(B) The Commission shall in such Order provide
the opportunity for each Company to recover those
actual costs incurred for fuel and fuel-related
services found reasonable by the Commission up to
the date of implementation of the prices
established hereunder through their fuel cost
factor tariff schedules to the extent that the
COIT".mission finds it appropriate to charge these
costs through the fuel adjustment clause.
6. Companies may, pending further order of the Commission,
charge to and collect from their ratepayers those fuel
and fuel related expenses incurred from non-affiliated
-5-
interests and also those which are described in
Subparagraphs (1), (2), and (3) of paragraph 5(A)
above. In subsequent rate cases and other proceedings
involving such matters, the companies shall have the
burden of proving the amounts so charged and collected
are reasonable. All amounts so charged and collected
shall be refunded except to the extent that they are
found reasonable and in accordance with this procedure.
7. Within twenty-five (25) days after the end of each
calendar quarter, Companies shall determine whether or
not the established prices as charged for such
calendar quarter exceeded or were less than the actual
prices incurred by TUFCO and/or TUGCO for all such fuel
related services for such quarter. If the actual
prices of fuel related services rendered during said
quarter be less than the price so established by the
Commission for such calendar quarter, then
the Companies shall report same to the Commission
and shall refund to their customers the overrecovery
resulting from the difference between such actual
prices and the prices so established, such refund to be
.applied to the fuel cost factors for the billing months
corresponding with the second succeeding calendar
quarter following the overrecovery. In the event
that the prices established and charged for such
calendar quarter be less than the actual price
of fuel related services provided to such Companies
by TUFCO and/or TUGCO, resulting in an underrecovery
of the actual cost incurred for such fuel related
services, then in such event, the Companies shall
be entitled to recover through their fuel cost factor
schedules in each of the billing months corresponding
with the second succeeding calendar quarter the
undcrrecovery resulting from the difference between
the actual prices and the prices as established, but
-6-
only to the extent that the Commission has by written
order made a preliminary determination that such
difference is reasonable, as provided for in Paragraph
8 below. Such preliminary finding of reasonableness
shall not be binding on the Commission or any party in
Companies' succeeding rate cases or other proceedings.
8. A Company seeking recovery of costs incurred which
exceed the prices established for a previous quarter
or the establishment of new prices per MMBtu for a
future quarter or quarters for any such fuel related
services as defined in Paragraph 5(A) above, shall
within twenty-five (25) days following the close of
such previous quarter, file with the Commission a
written Request (hereinafter referred to as the
"Quarterly Request") for the collection of such
underrecovery, if any, and for such new prices, and
1n such QUarterly Request shall set forth the amount
of the underrecovery, if any, and shall set forth
specifically and in detail the basis upon which such
Company contends that such additional costs should be
so recovered, or new prices for fuel related services
. as described in Paragraph 5(A) above should be
established. The burden of proof shall be upon the
Companies to establish that the costs so incurred
which exceed the price established for the previous
quarter and the new prices which it estimates to
be incurred in such future quarter or quarters are
reasonable and comply with this Procedure. The
Commission shall act upon each such Quarterly Request
within sixty (60) days from receipt thereof by final,
appealable written order establishing such prices
as it determines on a preliminary basis are
reasonable and comply with this Procedure. Such
preliminary finding of reasonableness shall not be
binding or. the Commission or any party in subsequent
-7-
rate cases or proceedings relating to fuel charges and
shall not relieve the Company of its burden of proving
Ln subsequent rate cases and proceedings that the
amounts so charged and collected are reasonable.
9. Each Company shall in each general, systemwide rate
case have the burden of proving that all amounts
collected from ratepayers pursuant to paragraphs
5, 6, 7, and 8 of this Procedure since the end of
the test year of the Company's preceding general,
systemwide rate case are reasonable as defined in
paragraph 3 of this Procedure and comply in
all respects with this Procedure. The final order
of the Commission in each general, systemwide rate
case of each Company shall include a finding of
the extent to which amounts collected from
ratepayers pursuant to this Procedure are reasonable.
Such finding of reasonableness shall include specific
statements setting forth the cost to the affiliate
of each service, property, right, or thing, or class
thereof, charged to ratepayers pursuant to this
Procedure and that the price charged to the Company
.is no higher than the price charged by the supplying
affiliate to other affiliates or divisions for the
same item or items, or to unaffiliated persons or
corporations. All amounts collected in excess of
the amounts found in compliance with this procedure and
reasonable by the Commission shall be refunded in the
next quarter following the entry of the final order
making the determination of reasonableness.
10. Nothing in this Procedure shall be construed to deny to
the Companies the right to recover all fuel service
expenses actually incurred by them to the extent that
same are found by the Commission to be reasonable or to
permit the Companies to recover more than those actual
fuel service expenses which are found reasonable by the
-8-
Commission. All charges collected pursuant to this
procedure are subject to review and refund in subse-
quent rate cases and other proceedings. All amounts
hereafter charged by affiliates and collected from the
Companies' ratepayers through the fuel adjustment
clause other than those specifically authorized by this
Procedure and found reasonable by the Commission shall
be refunded.
11. Notwithstanding anything to the contrary herein, any
municipal regulatory authority exercising original
jurisdiction over anyone or more of the Companies
(A) shall have the right to conduct any investigation
relating to a Company's Request which such author-
ity deemed advisable; and
(B) shall have the right to intervene before the
Commission, to obtain discovery and to participate
in any meeting or hearing held pursuant to the
above provlsions; and
(C) shall have the right to employ, collectively, an
outside accounting firm to review the quarterly
filings and substantiating data for approval to
determine whether they comply with the Procedure,
the cost of which review will be paid by the
Companies to the extent that said cost is recover-
able by the Companies as a rate case expense.
12. Any customer of the Companies shall have the right to
intervene, participate, and obtain discovery concerning
any Quarterly Request filed pursuant to this Procedure
to the extent provided in this Commission' s Rules of
Practice and Procedures.
-9-
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