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Friday, July 29, 2016

Open Letter to Mike Wittler, KPUB CEO

July 28, 2016

By fax: 830.257.8078
Mike Wittler, CEO
P.O. Box 294999
Kerrville, Texas 78029-4999

Re: KPUB loan to City of Kerrville

Dear Mr. Wittler,

My wife and I have lived in Kerrville since 2003 and have owned our home here since 2006. We are customers of KPUB. I strongly object to KPUB’s plan to loan $6,000,000 to the City of Kerrville. The loan is not a good business decision, is unfair to your customers, and it is illegal. KPUB’s Tariff for Electric Service states at page 37:

Overbilling and Underbilling
If billing is found to be in error, a billing adjustment shall be calculated by KPUB….
If Customer was overcharged, KPUB shall refund Customer the full amount for the entire period of overbilling.

The funds that KPUB intends to lend to the City is not KPUB’s money - it is held in trust for its customers. Corporate officers can be held personally liable for misapplication of fiduciary property. 

Jack Pratt, who served on the KPUB board while also serving as mayor, tried to sell this scheme as being “good for the children.”  Aside from the obvious conflict of interest, what would be good for the children would be for KPUB to refund the money so that parents could buy books, supplies and clothes for the upcoming school year. It would also give a boost to the local economy. 

I respectfully demand an accounting of the funds and the refund that is due me. I hope other customers will make the same demand. If enough of us do so, and KPUB chooses to breach its duties, maybe we can get enough people together for a class action lawsuit.

Sincerely yours,

/s/ Richard L. Ellison

Mike Wittler, CEO
July 28, 2016
page 2

cc: Mayor Bonnie White
Stephen Fine
Gary Stork
Gene Allen
Glenn Andrew
Mark Armstrong
Zeke MacCormack

1 comment:

  1. I wonder how many criminal indictments could arise from a skilfull civil deposition /discovery from the parties cc'd on your letter?