262729 WNITE - CITV � ERK t 2s2'729
PIt�X - F�INANCE COUI1C11
8���Y- MA�'ORTMENT GITY OF SAINT PATIL File NO.
� ouncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Northern States Power Company has filed a petition
for an increase in electric rates and a hearing is pending� before
Leonard E. Lindquist as Hearing Examiner; and
WHEREAS, it is to the benefit of the City of Saint Paul to have
an agreement as to the presentation of the evidence to the Hearing•
Examiner and the completion of the entire hearing as soon as possible;
Now, therefore, be it
RESOLVED, That the proper city officers are authorized and
directed to enter into that certain agreement relative to the dates
of the Northern States Power Company electric hearing before Leonard
E. Lindquist upon the understanding that variances in the procedural
dates may be left to the discretion of the Hearing Examiner.
COUIVCILMEN Requested by Department of:
Yeas �tlep Nays
�t
Konopatzki In Favor
�e- � J
Meredith V Against BY
�aac Roedler
Tedesco
Mme.President Butl�er— F�1�
Adopted by Council: Date
DEC 1 Z 1973 Form Approved by City Attorney
Certified d�ounc' ecreta� By
BY —�
App by MaXo • Date � . 1 2 1973 Approved by Mayor for Submission to Council
.
g By
�PJ�BIISHED .�.EC j.� 1���
' ; 262�29
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11 G K r � M E N T
THYS AGREF,I�ZLNT, Made and entered into this � day of
December, 1�73, by and between the CITY OF SAZNT P�UL, a munici-
pal corporation, hereinaf�ter referred to as the "Cii.y" , and
NORTII�RN STAT�S POWER COMPANY, a Minnesota corporat.ion, herein-
after referred to as the "Company" ,
WZTNESSETH: •
WHEREAS, the Company has filed a petition with the City of
Saint Paul on October 12, 1973, for the setting� of fair and rea-
sonable electric rates, and a public hearing� is in the process
of being conducted before Leonard E. Lindquist, Hearing Examiner,
to receive evidence on the application and to make recommenda-
tions to the Counc::l ai. the close of all the evidence; and
WHEREAS, the franchise Ordinance No. 15319, approved February
7, 1973, under which the Company is granted the right to use the "
City streets and public property, provides in Section 7 thereoi
that the City Council shall prescribe by ordinance within 150
days after the filing of such petition reasonable rates wh ich
the Company may charge for electricity. Said Section 7 further
provides that should it appear that the Council is unable to pre-
scribe rates within said 150 day period, the Company may request
the Council to authorize the setting of interim rates on all bills
computed from regular meter readings after said 150 day period,
subject to the obligation of the Company to refund to its custo- �
mers any increases in rates collected under such interam rates
which are in excess of the lawful and reasonable rates finally de-
termined; and
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WH�R�nS, it appears that� the Council will be unable to pre-
scribc rates within said 150 day period, which will expire on
March 11, 1974; and
WH�RP�S, it is the desire of the City and th� Company, in
lieu of the setting and charging of interim rates as provided for
in said ordinance, to expedite the public hearing aforementioned
and to permit the collecting of rates determined as of the date
of the expiration of the 150 day period consistent .with necessary
delays in said hearing schedule;
NOW, THEREFORE, IT IS AGREED as follows :
I.
In the hearing now pending the Company will endeavor to pre-
sent to the Hearing Examiner the written statements of its wit-
nesses in its case in chief on or before D�cember 3, 1973. The
City and intervenor will likewise endeavor to present to the
Hearing Examiner the written statements of their witnesses in
their case in chief on or before March 4, 1974.
II.
By February 11, 1974, the Company will commence zts presenta-
tion of evidence �o the Hearing Examiner in its case in chief.
By February 21, 1974, the City and intervenor will commence
cross-examination of NSP' s witnesses and will present its direct
testimony on or before March 11, 1974.
By March 22, 1974, NSP will commence cross-examination of '
the Czty' s and intervenor' s witnesses, and, thereafter, rebuttal
evidence may be presented on and after March 2£3, 1974.
The City' s and Intervenor. ' s cross-examination of the rebuttal
-2- '
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testimony of NSP t�1i1.1 commcnce on �lpril l, 1974. Simultaneous
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briefs will be filed on or befo�e Apri1 20, 1974.
ZII.
The Hearin� ra.aaniner will malce his recorrunendation to th�
City Council on the issues on or before May 8, 1971�.,
. IV.
Ai'ter having r�ceived the Hearing Exatniner ' s recortunendation,
the City Council will examine the evidence in the hearing and the
recommendations of said Hearing Examiner, and make a decision on
the record of the hearing so conducted. On or before May l5,
197�-, the City Council will introduce the necessary ordinance
or ordinances determining the issues heard by the Hearing Examiner.
V.
If the City Council reaches a determination and introduces
an ordinance setting the rates on Compai�y' s petition and appli-
cation of October 12, 1973 on or before 1�Iay 15, 197�-, the rates
as determi�zed shall becom� efi'ective on all bills of the Company
based upon regular meter readings on and after May 15, 197�-.
There shall be included in such effective rate schedule an adjust-
ment clause which will provide ta Company or return to Co�npany' s
customers, as the case may be, over a period of one year, an amount
equal to the difference in revenues which would have been billed �
for electric sales during the period March 11, 197�+ to May 15,
197� uszng rates as determined by the Ci�y Council as compared
with actual billings.
If the City Council fails to reach a determination as ta
the rates to be set in accord with the Company' s application of
October l2, 1973 by May 15, 1971a-, and fails to introduce a,n
ordinance sctting such rates on or bef ore May 15, 1974, the
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rates proposed by Corripany in the pub.lic hearir�g or such �.ower
_3.. .
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rates as the Conipa.ny may request in t�rritin�, shall become effec-
tive on a1l bills of the Compan,y Ua,see� upon re�ular metcr
readings on and afi;er May 15, 197J�. There slia,ll be included
in such effective rate schedule an adjustment clause which
will provide to Company over a period of one year an additional
amount .equal to the additional revenucs which would have been
billed for electric sales during the period March 11, 19'�� to
May 15, 197�- using rates made effective by the Company as compared
with actual billings .
The Company shall refund to its customers any increases in
rates collected under the above paragraphs which are in excess
of the lawful and reasonable rates as finally determined by the
' City Council, together with interest at six per cent (6�} per
annum.
VI.
The Company shall have the right to seek judicial revievr on
the record of cert5_orari of the Council' s f inal decision and
ordinance and the Court shall examine and de�ermine the reason-
ableness of the electric rates set by the Council.
IN TrlITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the date and year first above tiaritten. .
CITY OF SAINT PAUL
For� proved: By
� --`' Mayor
Assis � i � Ci y Attorney
Director of Departmen� of ��inance
Approved as to form and
execu�ion this day Ci -y Clerk
of December, 1973.
NORTH�RN ATES POTr1EP. COMPANY
As�istarz�L Cii;y A�:tpr•ney
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