08-060 - RRESOLUTION NO.08-060
RESOLUTION OF THE TOWN OF PROSPER
SUSPENDING THE AUGUST 8, 2008, EFFECTIVE DATE
OF ONCOR ELECTRIC DELIVERY COMPANY
REQUESTED RATE CHANGE TO PERMIT THE TOWN
TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION
WITH ONCOR CITIES STEERING COMMITTEE 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 June 27, 2008, 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 by $275 million in all municipalities
exercising original jurisdiction within its service area effective August 8, 2008; and
WHEREAS, the Town of Prosper is a member of the Oncor Cities Steering Committee
("Steering Committee") and will cooperate with the 109 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 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 August 8, 2008 effective date of the rate request submitted by Oncor on
or about June 27, 2008, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
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
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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 Debra Anderson, Oncor
Electric Delivery Company, 1601 Bryan St., Suite 23-055C, Dallas, Texas 75201 and to
Geoffrey Gay, General Counsel to the Oncor Steering Committee, at Lloyd Gosselink Rochelle
& Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
ATTEST:
Ll
Wattliew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
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