ML20030B574
| ML20030B574 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/01/1980 |
| From: | Cowden G, Morris G, Rollins H TEXAS, STATE OF |
| To: | |
| Shared Package | |
| ML20030B571 | List: |
| References | |
| NUDOCS 8108180302 | |
| Download: ML20030B574 (4) | |
Text
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DOCKET NO. 3320 IN THE MATTER OF THE APPLICATION PUBLIC UTILITY CCHI55101 l
0F HOUSTON L!GHTING AND PO4ER CCMPANY FOR A RATE INCREASE OF TEIAS FINf.L ORDER On September 15,19CO, at 9:00 a.m., the hearing on the merits was convened in Cocket No. 332C. After a;pearances were made by the A rties, interventions on behalf of the cities of Lake Jackson and Jersey Village were granted without objection.
Motions to extend time. foi filing testimoay on behalf of the Texas Industrial Energy Consemer (TIEC) and Tex-PIR3 were granted without cbjection. The hearing was then ir. mediately recessed until 11:00 a.m.,
Sptember 15. 1980.
When the hearing was reconvened, sote of the participants he-ein notified the Comission of a possible ;ettlement with regard to certain issues in the case. A joint stipulation was presented by the following parties: Houston Lighting and Power Company (HL&P) City of Houston, Dow Chemical (Dow), Texas Industrial Energy Consumers (TIEC), Comunity Public Service Company (CPS), Houston Retail Merchants Associatiori, Consumer Union / ACORN, and the General Counsel of the Public Utility Comission. All movants a;peared by and through counsel of record and executed a stipulation which was filed in the reccrd in this proceeding without obje: tion from any party. The follo.ing parties indicated i desire to not enter into the stipulation: Tex-PIP.3 and Mockingbird Allian:e. The City of Baytown appeared by and through its City Attorney's office and while no obje: tion to the stipulation was voiced by the City of Baytown, such city did not sig n the stipulation inasmuch as the City Attorney's office did not have the authority of the City Coun:il to enter into the proposed stipulation. The City of Houston, although signing the stipulation, noted the stipulation was subject to City Council approval and would not be binding on any City Council action regarding any HL&P rate
- prc: ceding presently pending before that body.
It was agreed by the parties that any city that desired not to participate or had objections to 1
the stipulation, would be ar.commodated in any subse:;uent appeals before the Public Utility Comission, but that since Docket No. 3320 was a rural rate i
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Oceket No. 3320 I
j Page{cf4 case, the stipulation should proceed to final order herein. Tex-P!R3 and.
the' Mockingbird Alliance, although not participating in the stipuhtfon, stated tha* they did not desire to cross-examine any witnesses or present aiy further information to the Comission other than oral arguments and f
briefs c'oncerning nuclear generating plants and the treatment of such a
facilities by this Comission. No other party appeared at the hearing on a
j the merits except by and through its lead counsel in accordance with the t
21,1980 herein. All grouping set forth in the' Prehearing Order dated July t
of the perties agreed that the testimony be marked as e'xhibits and placed into the record herein without the presence of the witnesses being required 1
l and all parties, whether signing the stipulation or refusing to sign the i
stipulation, waived all cross-examination on all issues herein.
All t
pretestants were allowed to make oral statements to the Commissien and all parties were allowed to coment on' the stipulation proposed by the movants herein.
i The Comission, having considered the stipulation and the arguments l
and statetents of counsel for each of the parties appearing herein, and b'eing of the opinion that the stipulation should in all things be granted, doesherebyCRhERthefollowing:
It That the stipulation of HL&P, City of Houston, Dow, TIEC, CPS, Houston Retail Sterchants Association, Consumers Union / ACORN, and the Public Utility Comission staff is hereby approved and made a j
final order of the Comission herein; and l
2.
That the stipulation, including all of the exhibits, findings of fact and conclusions of law, is tttached hereto as " Exhibit A" i
and 3.ereby incorporated by reference as if set forth in full herein; and 1
3.
That the findings of fact and conclusions of law contained i
therein are hereby adopted by the Commission; and i
4.
That HL&P is herchy ordered to file Ith this Commissier a tariff l
in accordance with the stipulation attached hereto no later than i
i 5:00 M. on September 18,1980. HL&P is to provide eact of the i
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Docket No. 3320 t
Page}of4 parties herein a copy of its tariff filed pursuant to this order d
j and a postheoring conference is hereby scheduled for 10:00 a.m.
on September 26, *933 at the Commission offices to consider any 1
objections to Ht&P's tariff filed in accordance with this j
stipulation, and that no further notice concerning posthearing conference is necessary or required by the parties herein; and N
That the tariff filed by Ht&P pursuant to the stipulation in this j
order should becote effective in those areas ave'r which this Commission has original jurisdiction for electricity consumed on October 1, 1933 and may not be charged for electricity consumed prior to such date.
It was further stated by the parties that no agreem(nt concerning the South Texas Nuclear Project and the severance of the issues related to such V
project from this rate proceeding could be reached. It was agreed by the General Counsel and HL&P, and not objected to by any other party, that all P
of the evidence relating to the South Texas Nuclear Project in the form of depositions, testimony, sworn statements, answers to requests for i
information, monthly progress reports, transcript of the Nuclear Regulatory Commission Open Meeting held in Bay City on August 19, 1930, and other exhibits related thereto, should be filed and made a part of the record herein with the request that the Commission rule on the General i
Counsel's Motion to Sever issues related to the South Texas Nuclear Project and the treatment thereof by this Comission on any permanent basis.
The motion of the General Counsel to sever all issues related to the South Texas Nuclear Project is hereby denied. It is not reasonable in the Commission's opinion to have a matter of such magnitude pending and unsettled and yet have a stipulated rate case. The results of any inquiry into the South Texas Nuclear Project could have a rather significant impact if the Commission reached the conclusions which are consistent with the desires of some of the parties herein. However, in an effort to receive sufficent information to make an appropriate inquiry and determination into questions raised about the South Texas Nuclear Project, Ht&P shall be
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Docket No. 3320 Page 4 of 4 required to provide in detail within nine months from the date of the e
signjng of this order or at least ninety (90) days prior to the filing of its next rate case, whichever (ite comes first, the following:
i 1.
Original cost estimates and completion dates of the South Texas
- Nuclear Project; 2.
All increases from the original cost estimates and the reasons j
for the increases; 3.
All delays in time schedules and reasons for delays;,
4.
All information developed by the Nuclear Regulatory Commission in its investigation and not filed with the Public Utility
- Commission herein; i
5.
Any additional details resulting from a future investigetion, if any, by the Nuclear Regulatory Comission or any other s
governmental agency relating to the project; and 6.
Quarterly briefings for the staff and any interested parties, at
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the plant site when feasible, with,the staff to provide a report to the Comission following its briefing by HL&P.
ENTERED AT AUSTIN, TEXAS, ON THIS THE DAY OF SEPTEMBER, 1930.
PUBLIC UTILITY COMMISSION OF TEXAS
/
i GEO GE ti. CCCEN.
IhstAda i
H.,M. ROLLINS /
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GARRETI MORRI5 L,
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N!! LIP F. RI ETTS l
SECRETARY OF HE COMMISSION l
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