05-02 - R TOWN OF PROSPER RESOLUTION NO. 05-02
A RESOLUTION BY THE TOWN OF PROSPER, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD
COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH
OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN
ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A
FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING
A REPRESENTATIVE OF THE TOWN TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT
OF REASONABLE LEGAL AND CONSULTANT EXPENSES.
WHEREAS, the Town Council of the Town of Prosper,Texas is a customer of Atmos Energy Corporation, formerly known as TXU
Gas Company, (AtmosiTXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and
WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed
as GUD No. 9530, for a gas cost prudence review of$2.2 billion in previously incurred and billed gas costs; and
WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD
No. 8664; and
WHEREAS, ratepayers of AtmosITXU Gas, including the Town of Prosper and its residents would be entitled to a pro rata portion
of a refund associated with any costs found to have been unreasonable; and
WHEREAS, the Town of Prosper and its residents could benefit from coordination with other Cities in a review of the
reasonableness of the gas costs of AtmosiTXU Gas and the joint participation in the Railroad Commission proceedings and any
subsequent litigation or appeal related to those gas costs;and
WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from
the Company.
THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THAT:
1. Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas.
2. The Town is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates Town
Administrator, Douglas Mousel as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and
consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding
any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004.
3. Atmos/TXU Gas shall promptly reimburse the Town's reasonable costs associated with the Town's participation in GUD No. 9530
or any subsequent proceeding.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS
111, DAY OF JANUARY,2005.
CHARLES NISWANGER, May6r
ATTES ED TO:
SHANAE JENNI ,Town Secre
C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES&RESOLUTIONS\ORDINANCES\2005 Ordinances and Resolutions\05-02,
Resolution-ATMOS GUD 9530.doc
Page 1 of 1