18-30 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S
APPLICATION FOR APPROVAL OF A DISTRIBUTION COST RECOVERY
FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25.243 TO INCREASE
DISTRIBUTION RATES WITHIN THE TOWN SHOULD BE DENIED; FINDING
THAT THE TOWN'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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town") is an electric utility customer of Oncor
Electric Delivery Company LLC ("Oncor" or "Company"), and a regulatory authority with an
interest in the rates and charges of Oncor; and
WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor
("OCSC"), a membership 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; and
WHEREAS, on or about April 5, 2018, Oncor filed with the Town an Application for
Approval of a Distribution Cost Recovery Factor ("DCRF"), PUC Docket No. 48231, seeking to
increase electric distribution rates by approximately $19,002,177; and
WHEREAS, all electric utility customers residing in the Town will be impacted by this
ratemaking proceeding if it is granted; and
WHEREAS, Cities are coordinating its review of Oncor's DCRF filing with designated
attorneys and consultants to resolve issues in the Company's application; and
WHEREAS, Cities' members and attorneys recommend that members deny the DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper and they are hereby approved and incorporated into the body of
this Resolution as if copied in their entirety.
SECTION 2
The Town is authorized to participate with Cities in PUC Docket No. 48231.
SECTION 3
Subject to the right to terminate employment at any time, the Town of Prosper hereby
authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the
Company, make recommendations to the Town regarding reasonable rates, and to direct any
necessary administrative proceedings or court litigation associated with an appeal of this
application filed with the PUC.
SECTION 4
The rates proposed by Oncor to be recovered through its DCRF charged to customers
located within the Town limits are hereby found to be unreasonable and shall be denied.
SECTION 5
The Company shall continue to charge its existing rates to customers within the Town.
SECTION 6
The Town's reasonable rate case expenses shall be reimbursed in full by Oncor within
thirty (30) days of presentation of an invoice to Oncor.
SECTION 7
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 8
A copy of this Resolution shall be sent to Stephen N. Ragland, 1616 Woodall Rodgers
Freeway, Dallas, Texas 75202 and to Thomas Brocato, General Counsel to the Cities, at Lloyd
Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
SECTION 9
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, T , j>biyNlDlhMIS THE 24TH DAY OF APRIL, 2018.
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Ray Smith, ayor
ATTEST �� °••""'••`•..`A•`NX
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Resolution No. 18-30, Page 2
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Wel h, Town Attorney
Resolution No. 18-30, Page 2