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OR 98-857 Lone Star Gas Company's rates should be changed ORDNANCE NO. 98857 AN ORDINANCE OF TFIE CITY OF COPPELL, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEAR1NG, THAT LONE STAR GAS COMPANY'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; APPROVING THE COMMERCIAL RATE FOR PUBLIC SCHOOL GAS SERVICE AND PROVIDING A RATE MODERATION PLAN FOR SCHOOLS TRANSITIONING TO THE COMMERCIAL RATE; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE AND REJECTING OTHER PROPOSED AUTOMATIC ADJUSTMENT CLAUSES; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; ADOPTING A MOST FAVORED NATIONS CLAUSE; PRESERVING REGULATORY RIGHTS OF THE CITY; ORDERING THAT THIS ORDINANCE BE SERVED ON LONE STAR GAS COMPANY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City of Coppell, ("City") acting as a regulatory authority, has previously suspended the effective date of Lone Star Gas Company' s ("Lone Star") application to increase rates in the City in order to study the reasonableness of that application; WHEREAS, the City on /7)0~!/Cj/~',q'~ , considered the Company's application and a report from the City' s consultants who were retained to evaluate the merits of Lone Star' s application in a reasonably noticed public hearing; WHEREAS, the City has determined that the Company' s rates within the City should be changed and that the Company's application should be granted, in part, and denied, in part; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the existing rates and charges of Lone Star are hereby found, after reasonable notice and hearing, to be umeasonable and shall be changed as hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. SECTION 2. That it is hereby ordered that Lone Star's rates in the City be set on the basis of a 3.52% increase in overall system average revenues for residential and commercial customers, with a 3.91% increase in system average residential revenues and a 1.96% increase in system average commercial revenues on the Lewisville Distribution System. The increase in system average revenues also includes a $12,318 increase in other revenue (associated with service charges) over test year levels. Revenues from the City of Coppell are authorized to increase over test year levels in the following manner: $140,623 ($2,747,644 to $2,888,267) for residential customers; $12,875 ($632,607 to $645,482) for commercial customers; and $2,407 ($31,235 to $33,642) for service charges. The residential and commercial rates resulting from this Ordinance shall be adjusted upward or downward from a base per Mcf city gate rate set by the Railroad Commission of Texas by a Gas Cost Adjustment Factor authorized by the Railroad Commission of Texas. SECTION 3. That service to school customers shall be under the commercial rate as proposed by Lone Star effective on November 10, 1999. SECTION 4. That the Weather Norrealization Adjustment Clause proposed by Lone Star is approved, but the other automatic adjustment clauses proposed by Lone Star are unreasonable and are specifically rejected. SECTION 5. That residential and commercial monthly customer charges of $7.25 and $12.50 are reasonable and are hereby approved. SECTION 6. That the miscellaneous service changes proposed by the Company are reasonable and are hereby approved. SECTION 7. That approval of a most favored nations clause is reasonable and in the public interest and Lone Star is ordered to provide residents of the City of Coppell the benefits of any agreement or order applicable elsewhere in the Lewisville Distribution System. SECTION 8, Lone Star shall file with the City, no later than the effective date of the changed rates ordered herein, revised Tariffs and Schedules, together with rate design workpapers and supporting data as requested, setting forth the rates, tariffs and changes based upon the increases and changes prescribed herein. Such Tariffs and Schedules may be modified or amended by the City Council to comply with the provisions of this Ordinance within twenty (20) days from the date of filing with the City, otherwise the same shall be considered approved as filed. SECTION 9. That the fees and expenses associated with the City retaining counsel and consultants to investigate the Company's application are reasonable and are to be paid by Lone Star and recovered from ratepayers through a system-wide surcharge spread over a six month period. Incremental fees and expenses associated with this matter up to the amount of a reasonable estimate previously submitted to Cities are to be added to the unrecovered balance as they are paid by Lone Star. The Company shall provide a monthly accounting to the City showing, by months, the amount recovered through the surcharge. SECTION 10. That recovery of the portion of franchise fees currently collected from the City of Coppell residents through a surcharge shall continue to be collected through a surcharge that is not separately identified on customer billings. SECTION 11. That the rate changes ordered herein become effective for billing on November 29, 1998. SECTION 12. This Ordinance shall be served on Lone Star by U.S. mail to the Company's authorized representative, Greg Huckaby, TU Electric/Lone Star Gas, Texas Utilities Companies, 2990 Long Prairie, Suite B, Flower Mound, Texas 75022. 2 SECTION 13. That nothing contained in this Ordinance shall be construed now or hereae~er in limiting or modifying, in any manner, the fight and power of the City under law to regulate the rates and changes of Lone Star. SECTION 14. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. SECTION 15. It is hereby found and determined that said meeting at which this Ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED, this the t/C~/k day of /7?tgl/e~/9 (.f, , 1998.