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P TOWPER
TOWN OF PROSPER, TEXAS
RESOLUTION NO. 11 -0 11
RESOLUTION OF THE TOWN OF PROSPER SUSPENDING THE FEBRUARY 14, 2011,
EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED
RATE CHANGE TO PERMIT THE TOWN 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 Town of Prosper 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 Town of Prosper 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
getting 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 TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
1. That 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.
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2. As indicated in the Town'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 Town or Public Utility Commission.
3. That the Town's reasonable rate case expenses shall be reimbursed by Oncor.
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.
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.
PASSED AND APPROVED this the 25th day of January, 2011.
r
Ray Smith
Mayor, To n of Prosper
ATTEST: it
Q. C,
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Matthew D. Denton, TRMC
Town Secretary
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