2022-27 - R - Suspending August 1 Effective Date of Rate Change 06.28.22TOWN OF PROSPER, TEXAS
RESOLUTION NO. 2022-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUSPENDING THE AUGUST 1, 2022, 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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about May 13, 2022, Oncor Electric Delivery Company ("Oncor"),
pursuant to PURA §§ 33.001 and 36.001, filed with the Town of Prosper, Texas ("Town"), a
Statement of Intent to increase electric transmission and distribution rates in all municipalities
exercising original jurisdiction within its service area effective August 1, 2022; and
WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor
("Steering Committee") and will cooperate with the 169 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, § 36.108 of the Texas Public Utility Regulatory Act ("PURA") 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
proceedings are to be reimbursed by the regulated utility.
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.
SECTION 2
The August 1, 2022, effective date of the rate request submitted by Oncor on or about
May 13, 2022, is hereby suspended for the maximum period allowed by law to permit adequate
time to review the proposed changes and to establish reasonable rates.
Resolution No. 2022-27, Page 1
SECTION 3
As indicated in the Town's resolution approving membership in the Steering Committee,
the Executive Committee of the Steering Committee is hereby 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
the Texas Public Utility Commission.
SECTION 4
The Town's reasonable rate case expenses shall be reimbursed by Oncor.
SECTION 5
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 6
A copy of this Resolution shall be sent to Oncor, Care of Howard V. Fisher, Oncor Electric
Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas
Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C.,
P.O. Box 1725, Austin, Texas 78767-1725.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 28TH DAY OF JUNE, 2022.
David F. Bristol, Mayor
ATTEST:
LA ,hum �AU.�,, -),i V
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2022-27, Page 2