257618 ORIGINAL TO CITY CLRRK �5�61g
• CITY OF ST. PAUL FOENCIL NO.
t y OFFICE OF THE CITY CLERK
CO NCIL RESOLUTION-GENERAL FORM
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PRESENTED!Y
COMMISSIONE DATF
W�REAS, Northern States Power Companq has filed a petition
for its increase in gas rates and a hearing is pending before
R.obert J. Sheran as 13earing Examiner; and
WHEREAS, It is to the benefit of the City of Saiat Paul
to have sn agreement as to the presentation of the evidence
to the Hearing Lxamiaer aad a completion of the entire hearing
as promptly as possible; now, therefore, be it
RESOLVED, That the proper Citq officers are authoriaed
and directed to enter into that certaia agreement relative
to the dates of the Northern States Power Company Gas Hearing
before Robert J. Sh�rau upon the understanding that variances
in the procedural dates ma.q be left to the discretion of the
, gearing Examiner.
�R ? 1972
COUNCILMEN Adopted by the Council 19—
Yeas Nays � 't ��
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(!arlann Conwag ve 19—
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Levine _�n Favor � '��"��,
Meredith � �
Sprafka Mayor
A gainst
Tedesco
Mr. President, McCarty ..,e.- -- pUBLI$HED R 1119�
f_ �P'P�O� D~ °�
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Asst Corpoi on CounsW ef� �
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t� � � � Er� FriT
THIS I�GREEr�1EPaT, made and entered i nto thi s day of
, 1972, by and bet��reen the CITY OF S�IINT PAUL,
a municipal corporation, h�reinafter referr�d to as the "Cit,v,"
and f�QRTHCR�1 STATFS POl�JER CO?•1P1����Y, a t1�nnesata corporation,
hereinafter referred to as the "Comnany,"
1dITP1ESSETf1:
t�fHEREAS, the C�moany has filed an application ��Yith the City
on July 23, 1971 , for the setting o� fair and reasanabl� gas rates,
and a ;�ublic hearing is soon to be conducted before Robert J. Sheran,
H�aring Examiner, to receive evidence on the applica�ion and to make
r�cor�nendations to �he Council at tl�s ciose of all tt�� evidence;
and
1�;HEREt�S, the permit Ordinance P:o. 14786 apnraved May 13, 1971 ,
under t�:hich th� Comnany is granted the right to use the City s�:reets
and public pro;�erty, provides in Section 7 thereof that th� City Co�tncil
sha71 prescribe by ordirance within 150 days after the filing of suc�
application reasonable rates" �•rhich the Company nay charc�e for gas.
Said Section 7 further nrovides that should it appear �hat the Counc7l
t�rill be unable to prescribe rates a�ithin said 15�-day oeriad, the
Cflmpany may request the Council to authorize the setting of interim
ra�tes on all bills cor.�puted from reqular m�ter readings after said �
15Q-day period, subject to the- obliaation of Comnany to refund �o its
customers any increases in rates collected under �uch interim rates
. svnich are in excess from the laVrful and reasonable rates finally
dsierminea; �:nd
tv'HEREAS, said 150-day period expired on December 20, 1971 ;
a rid
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t�lf�FRCAS, it is the desire of the City and the Company� in
lieu of the settinc� and charging of interim rates as provided for
in said ordinance, to exnedite the public hearing aforementioned
, � and to rermi� �he collecting or interim rates should �here be delays
ensuing beyond �he �ime schedule {iereinafter set i'orth;
N04d� TFSEREFQRE, IT IS AGREED as fol i ows:
I. . .
In the hearing no�v pending the CamPany will endeavor to
presert� �;0 4he He�ri nq E>;ami ner ��he i�m7�ten sta�emeni:s of i�s
witnesses in its case �n chief on or before February 14, 1972.
The City vr�ll lil:e��ise endeavor to present to the Hearing Examiner
the ti�rritten state�nen�s of its v�itnesses in its case in chief on
or� before March 27, 1972.
II.
By February 2B, 1972, the Com�any ti-rill commence its presentat-7an
of evidence to the Hearing Examiner in its case in chief.
By I�arch �6 , 1972, the Ci ty wj 11 corr�nence cross exami nati on of
t�SP's t�!itnesses and will present its direct testir!ony on or befor�
April 4, 1s72. By 11pri1 12, 1972, �SP �vill comrience cross examination
of the City's witn�sses and, thereafter, rebuttal evidence may be
presented. Simul�aneous briefs will be filed on or before april 24, 1972.
� III.
The Examiner will make his reca�rnnendation to the City Councii
on the issues on or befare t�ay 1; 1972.
IV.
• After having received ti�e Hearing Examiner's recommendation,
� the City Council will examine �he evidence in thP hearing and fi:i�e
recommenda�ions of said Examiner, and make a decision on the record
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of the hearing before the Fxaminer. On or before f4ay i?_, 1972, the
Council t��ill introduce the necessary ardir�ance or ordinanees detQrmining
th� issues hearci by tfle Nearing Examiner.
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; If tn� City Co;�ncil rails to reac}1 a i'inal determination as
' ta the rates re�erred to 7n Comnan;�`s annlication of July 23, 1971 ,
by P�say 12P 1972, and faiis to introduce an ordinance se�tinq such
ratPS on or before that date, the schedule of rates contained in
�he apnlication, o� ;uci� �o;��er rates as the Cam�any may request in
amiting, shall become effective as interim rates as of Ma�. 12, 1972,
and sha11 apply to al] bills of the Company based_ upon regular meter
readings on and after tha� date, subject �o the obligation by the
Comnany to rP�Fur,d to its customers ar�y incrPases in ra�es co7lected
under such inte�im rates tivhich are in excess of the lati�rful and
reasorrable rates as finally determined, tocsether �vith interest at
s3x percent pzr annum.
If �he C�uncil reach�s a final determina'�ion and introduces
an ordi�ance se�tinq the rates on the Comnany's apnlicatior� of
July 23, 1�71 , on or before �r�ay 12r 1�72, �he rat�s as ��termined
sh�ll b�come exfective as in�erim rates as o-� �h� date of such
de�ermir�ation and intro�uction, nendinr, their becoming establishnd
rates upan the ordinance's b�coming effective.
� VI. .
Conoany sha11 have the right; to seek judicial review on
the r�cord by certiorari of the C�uncii 's final decision and
ordinance and tne Court shali examine and determine th� reasonableness
of �t�� gas 7�a%es se� by ���� i.e,u��cii .
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If> >�lIT��ESS t•1NERFOF, �h� narties hereto have hereunto set
their hards and seals the date and year first abave vrritten.
Form Ap���JV4�: (d�IRTNcRfi STATES P{�;�!ER CQ?1pACdY
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t- ' j% � ;,'_ ��- �> .n,✓� By �%�",�=�.�°z.,'�dt/ ' `--,�s-+-r:.i:-�-�.�'
ss�stant CarraQra�tion Counse�' �-��-sli-1���-�c-�--P�^�s.:��ert�-- �'-r""'
;.� '. � .�i✓e''i�'iAf;� .'`%i:.�'.�'.��i ��;;�..
A�proved as �o form and CI1'Y 0� SATPIT pl1UL
Execution this day
Oi' �72. BY
� 1ayor
Ass��t Corporai.ion Cau�sel
Cotn!�?ss�oner o, u lic t� ytes
Countersigned �his day o�
,19/�'�:`_'.'
Ci t�t C er .
�ty Co�n�tro �r