19-20 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 19-20
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS, FINDING THAT
ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR
APPROVAL TO AMEND ITS 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]S OPEN TO THE PUBLIC AS REQUIRED BY
LAW; REQUIRING NOTICE OF THIS RESOLUTION TO.THE COMPANY AND
LEGAL COUNSEL.
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" or "Cities"), 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 8, 2019 Oncor filed with the Town an Application for Approval
to Amend its Distribution Cost Recovery Factor ("DCRF"), PUC Docket No. 49427, seeking to
increase electric distribution rates by approximately $29,433,804; 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 their 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 OCSC in PUC Docket No. 49427.
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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 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 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 Matthew C. Henry, 1616 Woodall Rodgers
Freeway, Dallas, Texas 75202 and to Thomas Brocato, Legal Counsel to OCSC, 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, TEXAS, ON THIS THE 23RD DAY OF APRIL, 2019.
Ray Smith Mayor
Resolution No. 19-20, Page 2
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Resolution No. 19-20, Page 3