Item Coversheet
  CITY COUNCIL AGENDA MEMO
MEETING DATE: 8/22/2022
DEPARTMENT:Gov Relations
DIRECTOR:Andrew Fortune, Director of Policy & Government Relations
AGENDA ITEM:To approve a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding Atmos' 2022 Rate Review Mechanism filing. 
RECOMMENDED ACTION:Adoption of Ordinances

ITEM SUMMARY

Ordinance No. 2022-8-9: To approve a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) regarding the Company’s 2022 Rate Review Mechanism (“RRM”) filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; requiring the Company to reimburse ACSC’s reasonable ratemaking expenses; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; adopting a severability clause; declaring an effective date; and agreeing that the City will deliver this Ordinance to the Company and the ACSC’s legal counsel. Adopted

PREVIOUS ACTION/PRESENTATION

An Ordinance approving the negotiated settlement between Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding Atmos' Rate Review Mechanism was passed in August 2021. 

BACKGROUND

The City of Plano, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division is a member of the Atmos Cities Steering Committee. 

 

In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).  That settlement created a substitute rate review process, referred to as Rate Review Mechanism, as a substitute for future filings under the GRIP statute. 

 

Since 2007, there have been several modifications to the original RRM Tariff.  The most recent iteration of an RRM Tariff that implemented new procedures and criteria for the RRM process was reflected in an ordinance adopted by ACSC members in 2018.  

 

Around April 1, 2022, the Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) filed a rate request pursuant to the Rate Review Mechanism (“RRM”) Tariff   adopted by Atmos Cities Steering Committee (“ACSC”) members.  Atmos Mid-Tex claimed that its cost-of-service in a test year ending December 31, 2021, entitled it to additional system-wide revenues of $141.3 million. In applying the standards set forth in ACSC’s RRM Tariff, it reduces the Company’s request to $115 million, $83.26 million of which would be applicable to ACSC members.

   

The ACSC Executive Committee recommends a settlement at $115 million.  The Effective Date for new rates is October 1, 2022.  ACSC members should take action approving the Ordinance before September 30, 2022.

FINANCIAL SUMMARY/STRATEGIC GOALS

This item has no financial impact. 

 

Approval of this Ordinance supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government. 

ATTACHMENTS:
DescriptionUpload DateType
Memo8/3/2022Memo
Memo Attachment8/3/2022Attachment
Ordinance8/3/2022Ordinance
Exhibits8/3/2022Exhibit