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249717 ORI6INAL TO CITY CL6RK CI I 1 OF ST. PAUL COUNCIL 249���.�'� OFF OF THE CITY CLERK FILE NO. A� N OLUTION-GENERAL FORM . PRESENTED BY COMMISSIONE ATF RESOLVED, The proper City officers are hereby authorized to execute Petition of the City of Saint Paul for Leave to Intervene in the matter of ATorthern Natural Gas Company� Docket No. RP70-43, before the United States Federal Power Commissiom for the purpose of opposing the rate increased petitioned for by said Northern Natural Gas Company and to present evidence looking toward a reduction in the rates charged. F PR0�6 Asst. Cor ration Counsel � �� ��a COUNCILMEN Adopted by the Co�ncil 19— Yeas Nays Butler `���� � � lg10 Carlson ved 19� _.. Le�ine �,,, �n Favor n Meredith , yor Sprafka U ��,, A gainat Tedesco ���; Mr. President, McCarty PUBLISHED ,,��L � $ ]97� � . , . ` ' . r 7 � �� �� � � UNITED SmATE� OF :�i�RICA FEDERaL PUWER COrP'i1ISSI0N Iii the Matter of Docket Na . RP70-43 :Vorthern Natura"1 Gas Company NOTICE OF' INTER�ENTION BY AND PETITION OF CITY OF SAINT PAUL, a Min.nesota rlixni.cipal Corporation, FOR LEAVE TO INTERVENE To sai_d Federal Power Commission: Your Petitioner, City of Saint Paul , a Minnesota municipal corporation, pursuant to Sec. 1.8 of the Rules of Practice and Procedure of the Federal Power Commission and pursuant to 15 U.S.C.A. , � Ch. 15 B, Sec . 717 n (a) , respec�Li�tely, hereby intervenes in the above entitled proceedin� and hereby petitions for leave to inter- vene as a party intervener therein. Your Petitioner, at the out- set, desires to iizform your Honorable Body that i�s desire to participate herein would be on the basis that Petitioner could, if desired, call witnesses , or retain the right of presentin� independent evidenee therein, and heieby seeks the Order of your Iionorable Body permitting intervention �or that purpose and �ar the purpose of participating in the. hearings to the extent af being presen�; i;hereat, being permitted to examine and cross- examine witnesses therein and to pa�°ticipate generally tlierein and i;o fiie brie�s with r.espect thereto to the extent that Petiti.onEr deenis the same necessary or appropri_ate . Tha�; s�.id I��iter. veizer-Pe titione�, City of' Sd�.nt P�.ul , hereby shows and alleges in support o� sizch in�;ex�e:tition ai�d petition tYiere�or. : I, I. . That said Petitioner, City of Saint Paul, is a municipal c orporation and a City of the ! �first class of the State of Minnesota, organized and existing under and by virtue of the Constitution and Laws of said State and go verned by a Home Rule Charter and the Statutes of said State of Minnesota supplemental thereto , and is substantially interested in and affected by the matters under consideration in said proceed.ings . II. � That said Yetitioner, ;City of Saint Paul, is a Niinnesota municipality, having and exercising jurisdiction to regulate � rates and charges for the sale of natural gas to consumers within its corporate limits, by virtue of its said Home Rule Charter, Chapter 286, Session La�,�s of �iinnesota for 1y35, 5upplemental Laws of said State and ordinatices of said Petitioner, City of Saint Paul , heretofore and now opera.tive as enacted pur-- suant to said Home Rule Charter and said State Laws. III . That Northern States Power Company, a Minnesota corporation, during all the times material hereto has been and now is engaged as a public utility in the business oF distributing natural gas for domestic , commercial and industrial use to consumers in said City of Saint Paul , Minnesota, subject to regulation by said City of Saint Paul in re spect of the rates and charges therefor and the services involved. . _ -2- IV. Tha`t said Northern States Power Company is entirely dependent upon said NortYiern Natural Gas Company for its supply of natural gas in said City of Saint Paul for said public utility purposes and has necessarily contracted. with said Northern Natural Gas Company therefor to deliver a contract demand of approximately 131, 000 mcf per day of natural gas . V. The communications to be addressed to said Petitioner in the above entitled matter should be addressed to the following : Charl.es P. McCarty, Mayor of the City of Saint Paul , 347 City Hall and Court House Saint Paul , Minnesota 55102 Leonard Levine , Commissioner of Public Utilities , 216 �ity Hall and Court House Saint Paul, Minnesota 55102 Daniel A. Klas , Corporation Counsel Thomas J. Stearns , Assistant Corporation Counsel 316 City Hall and Court House 5aint Paul , Minnesota 55102 VI. , That said \Torthern States Power Company is a principal re-sale customer of said Northern Natural Gas Company and regu- larly purchases approximately ten percent of the gas sold by said Northern Natural Gas Company to the latter' s jurisdictional utility customers . That in the City of Saint Paul said Norther.n Sta.tes Power Company has in excess of 90, 000 natural gas consumer customers, of which more than 50 percent are space heating con- sumer customers . That the price ch�rged by said 1�?orthern Natural Gas Company therefore is a matter of vital and substantial interest ^�_ tu said Petitioner , City oi Saint Paul , and it�s residents who , together with said Petitioner, City of Saint Paul , are natural gas consumer customers of said Northern States Power Compan3T. That said Northern States Power Company, during all times material hereto, has operated and does now operate as such utility, for said purposes within said City of Saint Yaul , solely by virtue of pertinent franchise permits granted unto said Company, by ordinances of said City enacted by its Council and accepted by said Company, pursuant to said Home Rule Charter and said State Laws , whereunder and whereby, among other things , said City ; has reserved the righ� therefor and has regulated and does now reserve the right therefor and regulate the rates and charges for natural gas supplied by said Company to natural gas consumer customers within said City. That said rates and ch arges there- under are based upon the cost of said natural gas �o said Northern 5tates Power Company, and other expenses of said Company, and are adjusted from time to time on the bases of such cost of natural gas a.nd such other operation expenses of s aid Company. VII. That Petitioner has been i.nformed by personnel of the Northern States Power C�ompany that on June 26 , 1970, Northern tendered for filing proposed changes in its FPC Gas Tariff, Third Revised Volume No . 1, to become effective June 27 , 1970, which changes, amor_g other things , reflect: (a) Increased charges for jurisdictional sales and _rf_ services by approximately �37, 950,�398 annually, based on sales for the 12-mon�h period ending February 28, 1970, as adjusted, which changes would increase the annual town border costs of gas to NSP (Minnesota) by about �4, 438,618 and for NSP (Wisconsin) by about �253, 908 ; (b) A new purchased gas cost adjustment clause ; (c) A proposal to commence �a normalization method for accounting and rate-ma,king purposes for the cal- endar year 1971 ; (d) Inclusion in the rate base of the investment in , � advance payments required to obtain a new gas supply in Canada and Montana for the purpose of meeting the growth requirements for Northern' s customers ; and (e ) Miscellaneous changes relatzng to procedure for curtailment of service, procedure for requesting additiona]_ gas service and sales , apportionment of limited increases in contract demand , and lateral line e�tension policy. The principal reasons stated by Northern for the increase in rate levels , among other things , are : increased revenues needed to pravide a return of 8. '75�0 on rate base , increased cost of gas supplies, increased taxes , and increased cost of construction, wages , supplies , and expenses . _� . VIII . That because of the limit of inform ation available to your Petitioner, Petitioner cannot determine at this time its position with respect to the aforesaid docket. However, it is apparent that your Petitioner has a direct and substantial economic interest in these proceedings not adequately repre- sented by existing parties and which may be adversely affected by the Commission' s action herein. . j�IEREFORE, your Petitioner City of Saint Paul requests that your Honorable Body issue its Order permitting Petitioner to intervene in the above entitled proceedings , with leave to � call witnesses , present independent evidence , examine and cross- examine witnesses , to participate generally therein and to file briefs therein �to the extent that your Petitioner deems the same necessary or appropriate with respect thereto . Dated at Saint Paul , Minnesota, this 16th day of July, � 1970. . Respectfully submitted, CITY OF SAINT PAUL � �; s', � �'� �� �� , , �,�~ � B . �� �.�.-?��.�. �-�, �...� -_� Y' Daniel A, as Charles �P. McCar�y, r1�:yor Corporati ounsel 347 City Hall and�`��,Co�,t� House Sai Pau , M' ta 55102 r Thomas J. ' earns Assistant orporation Counsel Le nard Le ine City of Saint Paul Commissioner of Public Utili�;ies 316 City Ha.11 and Court I�ouse 216 City Hall and Court House Sain�t Paul , Minnesota 55102 Saint Paul , Minnesota 55102 A1;torneys for the City of Saint Paul , Minnesota -6- , i STATE OF MINNESOTA) �, ) ss . , COUNTY OF RAMSEY ) '� LEONARD LEVINE, being Ifirst duly sworn, upon oath deposes and says that he is the Commissioner of Public Utilities of the City of Saint Paul , the Petitioner in the above entitled matter; � that he has read said Petition and knows the contents thereof, and that the same is true except as. to those matters therein stated on information and belief, and to those matters , he believes the same to be true . � . ;! ; , ; ,r , r� Le n r e� e Subscribed and sworn to before me this 16th day of July, 1970 � � n �-. � �__ C_^i ����./ ALBERT B. OLSON. Notary Pubiic, Ramsey County, Minn. My Commission Expires Oct. 27, 1973. (SEAL) _7_ CERTIFICATE OF SERVICE I hereby certify that I have this day served the fore- going document upon the following named parties of record in this proceeding by mailing a copy thereof properly addressed to each of the parties named or, where indicated, to the attorney of record of a party named: PartY Attorneys Served Northern Natural Gas Company 'F. Vinson Roach, General Counsel Northern Natural Gas Company 2223 Dodge Street Omaha, Nebraska 68102 Walter Gallagher Gallagher, Connor & Boland The Bowen Building 821 - 15th St. N.W. , Washington, D. C. 20005 Northern States Power Company A. R. Renquist Northern States Power Comapny 414 Nicollet Mall Minneapolis , Minnesota 55401 . �� • Thomas Stearns Subscribed and sworn to before me this 16th day of Ju1y, 19'70. Betty J. L s en Notary Public , Ramsey Co . , Minn. My commission expires Apr. 8, 19'72. (5EAL)