17-28 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 17-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUSPENDING THE APRIL 21, 2017, 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 ADOPTED WAS 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 FOR AN EFFECTIVE DATE.
WHEREAS, on or about March 17, 2017, 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 in all municipalities exercising original
jurisdiction within its service area effective April 21, 2017; and
WHEREAS, the Town of Prosper is a member of the Steering Committee of Cities Served
by Oncor ("Steering Committee") and will cooperate with the 156 similarly situated city members
and other city participants in conducting a review of Oncor's application and to hire and direct
legal counsel and consultants, prepare a common response, negotiate with Oncor prior to setting
reasonable rates 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 Steering Committee 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 hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The April 21, 2017, effective date of the rate request submitted by Oncor on or about
March 17, 2017, be suspended for the maximum period allowed by law to permit adequate time
to review the proposed changes and to establish reasonable rates.
SECTION 3
As indicated in the Town's resolution approving membership in the Steering Committee,
the Executive Committee of the Steering Committee is 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 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, c/o Howard 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, Tq
tliN"lHt1OF APRIL, 2017.
0 F PR
� • i `:A i
g = Ray Smith, May r
v
r p • �
ATT T• •9
Robyn Ba le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 17-28, Page 2