HomeMy WebLinkAbout08-1285 08-12-2008RESOLUTION NO. 08 -1285
RESOLUTION OF THE CITY OF EULESS SUSPENDING
THE AUGUST 12, 2008, EFFECTIVE DATE OF ONCOR
ELECTRIC DELIVERY COMPANY REQUESTED RATE
CHANGE TO PERMIT THE CITY TIME TO STUDY THE
REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH ONCOR CITIES
STEERING COMMITTEE TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH
THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; 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 FOR THE STEERING
COMMITTEE
WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company
(Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Euless a
Statement of Intent to increase electric transmission and distribution rates by $275
million in all municipalities exercising original jurisdiction within its service area effective
August 8, 2008; and
WHEREAS, the City of Euless is a member of the Oncor Cities Steering
Committee ( "Steering Committee ") and will cooperate with the 109 similarly situated city
members and other city participants in conducting a review of the Company's
application and to hire and direct legal counsel and consultants and to prepare a
common response and to negotiate with the Company and direct any necessary
litigation; and
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to
suspend the effective date of proposed rate changes for ninety (90) days after the date
the rate change would otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS, THAT:
1. The August 12, 2008, effective date of the rate request submitted by
Oncor on or about June 27, 2008, be suspended for the maximum period
allowed by law to permit adequate time to review the proposed changes
and to establish reasonable rates.
2. As indicated in the City's resolution approving membership in the Steering
Committee, the Executive Committee of Steering Committee is authorized
to hire and direct legal counsel and consultants, negotiate with the
Company, make recommendations regarding reasonable rates, and to
intervene and direct any necessary administrative proceedings or court
litigation associated with an appeal of a rate ordinance and the rate case
filed with the City or Public Utility Commission.
3. The City's reasonable rate case expenses shall be reimbursed by Oncor.
4. 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.
5. A copy of this resolution shall be sent to Oncor, care of Debra Anderson,
Oncor Electric Delivery Company, 1601 Bryan St., Suite 23 -055C, Dallas,
Texas, 75201, and to Geoffrey Gay, General Counsel to the Oncor
Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P. 0.
Box 1725, Austin, Texas, 78767 -1725.
ADOPTED AND APPROVED at the regular meeting of the Euless City Council
on the 12th day of August, 2008, by a vote of 6 ayes, 0 nays, and 0
abstentions.
APPROVED:
)JJ(
Mary Lib S h, Mayor
ATTEST:
usan Crim R C, City Secretary
Resolution No. 08 -1285, Page 2 of 2