HomeMy WebLinkAbout11-1359 02-08-2011 RESOLUTION NO. 11-1359
A RESOLUTION OF THE CITY OF EULESS, TEXAS,
SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE
DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S
REQUESTED RATE CHANGE TO PERMIT THE CITY
TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION
WITH THE STEERING COMMITTEE OF CITIES SERVED
BY ONCOR 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 January 7, 2011, 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 in all
municipalities exercising original jurisdiction within its service area effective February
14, 2011; and
WHEREAS, the City of Euless is a member of the Steering Committee of Cities
Served by Oncor ("Steering Committee") and will cooperate with the 146 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 prior to setting
reasonable rates 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:
SECTION 1.
The February 14, 2011, effective date of the rate request submitted by Oncor on
or about January 7, 2011, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable
rates.
SECTION 2.
As indicated in the City's resolution approving membership in the Steering
Committee, the Executive Committee of the Steering Committee is authorized to hire
and direct legal counsel and consultants, negotiate with Oncor, 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.
SECTION 3.
The City's reasonable rate case expenses shall be reimbursed by Oncor on a
monthly basis.
SECTION 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.
SECTION 5.
A copy of this Resolution shall be sent to Oncor, care of Autry Warren, Oncor
Electric Delivery Company, LLC, 1601 Bryan St., 23rd Floor, Dallas, Texas 75201 and to
Geoffrey Gay, General Counsel to the Steering Committee, at Lloyd Gosselink Rochelle
&Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
SECTION 6.
This Resolution shall take effect immediately from and after its passage in
accordance with the Charter of the City of Euless, and it is accordingly so resolved.
APPROVED AND ADOPTED at the regular meeting of the Euless City Council
on this the 8T" day of February 2011, by a vote of 7 ayes, o nays, and
o abstentions.
APPROVED: ATTEST:
(Ai ° ik-\Qed,
Mary Lib aleh, Mayor san Cri , TRMC, City Secretary
Resolution No. 11-1359,Page 2 of 2