R-2665-10-07RESOLUTION NO. 2665-10-07(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF
ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES
STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP.,
MID-TEX DMSION SERVICE AREA TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF
CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH
THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND
LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid -Tex Division (Atmos), pursuant to
Gas Utility Regulatory Act § 104.102, filed with the City of Allen, Texas, a Statement of Intent to change gas
rates in all municipalities exercising original jurisdiction within its Mid -Tex Division service area effective
October 25, 2007; and,
WHEREAS, it is reasonable for the City of Allen, Texas, to maintain its involvement in the Atmos Cities
' Steering Committee (ACSC) and to cooperate with the 141 similarly situated city members and other city
participants of ACSC in conducting a review of the Company's application and to hire and direct legal
counsel and consultants and to prepare a common response and to negotiate with the Company and direct any
necessary litigation; and,
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend
the effective date of proposed rate changes for ninety (90) days; and,
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking
activities are to be reimbursed by the regulated utility.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The October 25, 2007, effective date of the rate request submitted by Atmos on or about
September 20, 2007, be suspended for the maximum period allowed by law to permit adequate time to review
the proposed changes and to establish reasonable rates.
SECTION 2. The City of Allen is authorized to cooperate with ACSC and its member cities in the Mid -
Tex service area to hire and direct legal counsel and consultants, negotiate with the Company, make
recommendations to the City regarding reasonable rates and to direct any necessary administrative
proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the
City or Railroad Commission.
SECTION 3. The City of Allen's reasonable rate case expenses shall be reimbursed by Atmos.
SECTION 4. It is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and purpose of said
' meeting was given as required.
SECTION 5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian, Director of Rates,
at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay,
General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin,
Texas 78767-1725.
SECTION 6. This Resolution shall take effect from after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9TH DAY OF OCTOBER, 2007.
APPROVED:
AQ=
lStepben emll, MAYOR
ATTEST:
Shelley J). Cieorg44AMC, CITY SECUTA—
Resolution No. 2665-10-07(R), Page 2