HomeMy WebLinkAboutR-2983-1-11RESOLUTION NO. 2983-1-11(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, SUSPENDING THE FEBRUARY 14, 2011, EFFECTIVE DATE
OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE
TO PERMIT THE CITY 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
WHEREAS, on or about January 7, 2011, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§
33.001 and 36.001 filed with the City of Allen a Statement of Intent to increase electric transmission and
distribution rates in all municipalities exercising original jurisdiction within its service area effective February
14, 2011; and,
WHEREAS, the City of Allen is a member of the Steering Committee of Cities Served by Oncor ("Steering
Committee") and will cooperate with the 146 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 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 Cities in ratemaking activities are to be
reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The February 14, 2011, effective date of the rate request submitted by Oncor on or about
January 7, 2011, be suspended for the maximum period allowed by law to permit adequate time to review the
proposed changes and to establish reasonable rates.
SECTION 2. As indicated in the City'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 City or Public Utility Commission.
SECTION 3. The City's reasonable rate case expenses shall be reimbursed by Oncor on a monthly basis
' SECTION 4. 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 5. A copy of this Resolution shall be sent to Oncor, care of Autry Warren, Oncor Electric
Delivery Company, LLC, 1601 Bryan St., 23' Floor, Dallas, Texas 75201 and to Geoffrey Gay, General
' Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin,
Texas 78767-1725.
SECTION & This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 25' u DAY OF JANUARY, 2011.
APPR VED:
Stephe errell, IAYOR
ATTEST:
Shelley B. George, C, CITY SE TAR
Resolution No. 2983-1-11(R), Page 2