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Flower Mound leaders say state gas law leaves towns little say over a 14% Atmos increase

Flower Mound's budget director told council members the town had no way to deem Atmos Energy's GRIP-driven rates unreasonable, though it could seek a broader review of the utility's tariff design.

Jubal Vargas

October 14, 20262 min read

city hall power - illustration, Jake Team LLC

Flower Mound leaders say state law leaves cities with almost no way to push back on Atmos Energy's natural gas rate increases, after the town signed off on a 14% hike that took effect Oct. 1, the Cross Timbers Gazette reported Tuesday.

The Flower Mound Town Council approved the increase Sept. 21. Taking part in the Atmos Cities Steering Committee and the state's Rate Review Mechanism let the town trim the request slightly, according to the Gazette.

Limited leverage

Atmos can seek yearly increases to recover certain infrastructure costs under the state's Gas Reliability Infrastructure Program, known as GRIP, which limits how much local governments can challenge them, the newspaper reported. The steering committee has argued that the GRIP law lets monopoly gas utilities raise rates after claiming capital investments, even when spending is falling and profits are rising.

When Mayor Pro Tem Adam Schiestel asked whether the town could declare the rates unreasonable, Meg Jakubik, Flower Mound's director of budget and strategy, said the short answer was no.

"Even municipalities with original jurisdiction don't have any course to intervene on those rate increases," Jakubik said. Rejecting the increase would have pushed the town into a case before the Texas Railroad Commission that could cost more than residents would save, she said.
"The action [council] took in September was the best defense they could take for our residents because at least we were able to negotiate the rate down slightly."

Possible next step

Jakubik said the town could ask for a broader review of Atmos' entire tariff design and rates, an option Schiestel and council member Chris Drew said the council should consider. She also said residential rates were set to rise 50% more than commercial rates, under a formula fixed in the last rate case that cities do not control.

Schiestel compared the town's 4% tax increase over six years with what he said was a 57% rise in Atmos rates over the same stretch. He argued that state leaders pressing cities to cut property taxes should turn to utility costs and homeowners insurance instead. "Maybe it's time to take a bit more action," he said.

Jakubik said Flower Mound will keep talking with other cities about the legislative issue while making sure Atmos can operate safely. "It's finding that balance between what are the appropriate rates for the services that they're providing and ensuring that they're operating in a safe manner," she said.

The Gazette report did not include a response from Atmos Energy.

Sources

Cross Timbers Gazette

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Jubal Vargas

Jubal Vargas writes about community life, schools, public safety, and local events in The Colony.

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