HomeMy WebLinkAbout08-1294 10-28-2008RESOLUTION NO. 08 -1294
A RESOLUTION OF THE CITY OF EULESS, TEXAS, FINDING THAT
ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS
ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND
CHARGES WITHIN THE CITY OF EULESS SHOULD BE DENIED;
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, pursuant to § 33.001 of the Public Utility Regulatory Act ( "PURA "),
the City of Euless has exclusive original jurisdiction over the electric rates, operations,
and services provided within city limits;
WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company
( "Oncor" or "Company "), pursuant to PURA §§ 33.001 and 36.001 filed with the City of
Euless ( "City ") a Statement of Intent to increase electric transmission and delivery rates
by $275 million on a system -wide basis within its service area effective August 12,
2008; and
WHEREAS, pursuant to PURA § 36.108, the City lawfully suspended the August
12, 2008, effective date by resolution to provide time to study the reasonableness of the
Company's application to increase rates; and
WHEREAS, the City is a member of the Oncor Cities Steering Committee
(Steering Committee) and has cooperated with 145 similarly situated city members to
conduct a review of the Company's application, to hire and direct legal counsel and
consultants, to prepare a common response to the filing, to negotiate with the Company
and to direct any necessary litigation appealing final city action; and
WHEREAS, the City, in a reasonably noticed meeting that was open to the
public, considered the Company's application; and
WHEREAS, the consultants who were retained by the Steering Committee to
evaluate the merits of the Company's application have determined that the Company's
requested $275 million increase in revenues for its transmission and distribution system
is not supported by evidence; and
WHEREAS, PURA § 33.023 provides that reasonable costs incurred by cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT the rates proposed by Oncor Electric Delivery Company, to be recovered
through its electric transmission and distribution rates charged to customers located
within the City limits, are hereby found to be unreasonable and shall be denied.
SECTION 2
THAT the Company shall continue to charge its existing rates for transmission
and distribution services to customers within the City.
SECTION 3
THAT the City's reasonable rate case expenses shall be reimbursed by Oncor.
SECTION 4
THAT 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 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 Cities Steering Committee, at Lloyd
Gosselink Rochelle & Townsend, P. C., P. O. Box 1725, Austin, Texas, 78767 -1725.
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
the 28th day of October, 2008, by a vote of 6 ayes, o nays, and 0
abstentions.
APPROVED:
Mary Lib S. r , Mayor
ATTEST:
usan Crim,
C, City Secretary
Resolution No. 08 -1294, Page 2 of 2