HomeMy WebLinkAbout21-1604 05-11-2021 RESOLUTION NO. 21-1604
A RESOLUTION OF THE CITY OF EULESS, TEXAS, FINDING THAT
ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR
APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR
TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE
DENIED; AUTHORIZING PARTICIPATION WITH OCSC; AUTHORIZING
THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES;
FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES
SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of Euless, Texas ("City") is an electric utility customer
of Oncor Electric Delivery Company LLC ("Oncor" or "Company") with an interest
in the rates and charges of Oncor; and
WHEREAS, the Steering Committee of Cities Served by Oncor ("OCSC") is
a coalition of similarly situated cities served by Oncor that have joined together to
efficiently and cost effectively review and respond to electric issues affecting rates
charged in Oncor's service area in matters before the Public Utility Commission
("Commission") and the courts; and
WHEREAS, on or about April 8, 2021, Oncor filed with the Commission an
Application for Approval to Amend its Distribution Cost Recovery Factor
("DCRF"), Commission Docket No. 51996, seeking to increase its total
distribution revenue requirement by approximately $97,826,277; and
WHEREAS, the City of Euless will cooperate with OCSC in coordinating their
review of Oncor's DCRF filing with designated attorneys and consultants, prepare
a common response, negotiate with the Company, and direct any necessary
litigation, to resolve issues in the Company's filing; and
WHEREAS, all electric utility customers residing in the City will be impacted
by this ratemaking proceeding if Oncor's Application is granted; and
WHEREAS, working with the OCSC to review the rates charged by Oncor
allows members to accomplish more collectively than each city could do acting
alone; and
WHEREAS, OCSC's members and attorneys recommend that members who
have retained original jurisdiction over electric utility rates deny Oncor's DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The City is authorized to participate with OCSC in Commission Docket
No. 51996.
SECTION 2.
Subject to the right to terminate employment at any time, the City of
Euless hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle
& Townsend, P.C. and consultants to negotiate with the Company, make
recommendations to the City regarding reasonable rates, and to direct any
necessary administrative proceedings or court litigation associated with an
appeal Oncor's DCRF application.
SECTION 3.
The rates proposed by Oncor to be recovered through its DCRF charged
to customers located within the City limits should be denied.
SECTION 4.
The Company should continue to charge its existing rates to customers
within the City.
SECTION 5.
The City's reasonable rate case expenses shall be reimbursed in full by
Oncor within 30 days of the adoption of this Resolution, and within 30 days of
presenting monthly bills to Oncor thereafter.
SECTION 6.
It is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public
notice of the time, place, and purpose of said meeting was given as required.
SECTION 7.
A copy of this Resolution shall be sent to J. Michael Sherburne, Vice
President — Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall
Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews
Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 7520; and to Thomas
Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend,
P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@Iglawfirm.com.
Resolution No. 21-1604, Page 2 of 3
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on May
11, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
L a in, Mayor
ATTEST:
S R`
i f
i Sutter- `€RMC, CMC, City Secretary
Resolution No. 21-1604, Page 3 of 3