R-2023-46 Oncor Amending Distribution Cost Recovery Factor & Proposed Rates DeniedTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2023-46
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S
APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR
AND UPDATE GENERATION RIDERS TO INCREASE DISTRIBUTION RATES
WITHIN THE TOWN SHOULD BE DENIED; AUTHORIZING PARTICIPATION
WITH ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING
OF LEGAL COUNSEL; 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 Oncor Cities Steering Committee ("OCSC") is a coalition 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 in matters before
the Public Utility Commission and the courts; and
WHEREAS, on or about June 29, 2023, Oncor filed with the Town an Application to Amend
its Distribution Cost Recovery Factor and Update Mobile Generation Riders ("DCRF"), Public
Utility Commission Docket No. 55190, seeking to increase distribution rates by $152.78 million
annually and update Oncor's Rider Mobile Generation and Rider Wholesale Generation to recover
$1.07 million related to mobile generation facilities; and
WHEREAS, all electric utility customers residing in the Town will be impacted by this
ratemaking proceeding if it is granted; and
WHEREAS, the Town of Prosper will cooperate with OCSC in coordinating its review of
Oncor's DCRF filing with designated attorneys and consultants to resolve issues in the
Company's application; and
DCRF. WHEREAS, OCSC's members and attorneys recommend that members deny Oncor's
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct legislative determinations of the
Town of Prosper, Texas, and are hereby approved and incorporated into the body of this
Resolution as if copied in their entirety.
55190.
SECTION 2
The Town is authorized to participate with OCSC in Public Utility Commission Docket No.
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 Rochelle & Townsend, P.C. 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 with the Public Utility Commission.
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 the 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 J. Michael Sherburne, Vice President —
Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall Rogers Freeway, Dallas, Texas
75202, and to Thomas L. Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle &
Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, TX 78701.
SECTION 9
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 26TH DAY OF JULY, 2023.
David F. Bristol, Mayor
Resolution 2023-46, Page 2
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution 2023-46, Page 3