R-3373-4-16RESOLUTION NO. 3373.4-16(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DIRECTING ONCOR ELECTRIC DELIVERY COMPANY, LLC,
TO FILE CERTAIN INFORMATION WITH THE CITY; SETTING A
PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF
NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES
FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING
AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; RATIFYING THE
HIRING OF LEGAL COUNSEL AND CONSULTANTS; RESERVING THE RIGHT
TO REQUIRE THE REIMBURSEMENT OF THE CITY'S RATE CASE EXPENSES;
SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE
EXISTING RATES OF ONCOR ELECTRIC DELIVERY COMPANY ARE
UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF
LAW AND THE DETERMINATION BY THE CITY OF ALLEN OF JUST AND
REASONABLE RATES TO BE CHARGED BY ONCOR ELECTRIC DELIVERY
COMPANY, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen is a regulatory authority under the Public Utility Regulatory Act ("PURA") and
has original jurisdiction over the rates of Oncor Electric Delivery Company, LLC ("Oncor"), to determine if
such rates are just and reasonable; and,
WHEREAS, Sections 33.021, 36.003 and 36.151 of PURA empower a regulatory authority, on its own
motion or on a complaint by any affected person, to determine whether the existing rates of any public utility
for any service are unreasonable or in any way in violation of any provision of law, and upon such
determination, to determine the just and reasonable rates; and,
WHEREAS, the City of Allen has reason to believe that Oncor is overcaming and its rates are excessive; and,
WHEREAS, the City of Allen is a member of the Steering Committee of Cities Served by Oncor, and,
WHEREAS, the Executive Committee of the Steering Committee of Cities Served by Oncor has
recommended that cities pass a Resolution that requires Oncor to show cause why its transmission and
distribution rates should not be reduced; and,
WHEREAS, the City Council of the City of Allen desires, on its own motion, to exercise its authority under
Sections 33.021, 36.003 and 36.151 of PURA; and,
WHEREAS, a procedural schedule should be established for the filing of certain information by Oncor,
followed by the filing of an analysis of such information by the City, the filing of rebuttal information from
Oncor, and a public hearing at which time the City shall make a determination whether the existing rates of
Oncor are unreasonable or are in any way in violation of any provision of law, and if such rates should be
revised, and just and reasonable rates determined for Oncor.
' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. This resolution constitutes notice of the City's intent to proceed with an inquiry into the
transmission and distribution rates charged by Oncor. On or before September I, 2016, Oncor shall file with
the City of Allen information that demonstrates good cause for showing that Oncor's transmission and
distribution rates should not be reduced. Specifically, Oncor shall file with the City of Allen information for
' the test year beginning January 1, 2015 and ending December 31, 2015, regarding Oncor's cost of service
elements, including, but not limited to, the elements detailed by the Public Utility Commission as necessary for
the filing of a Statement of Intent to Change Rates. The test year may be updated for more current data and
shall be adjusted for known and measureable changes.
SECTION 2. City's designated representatives shall have the right to obtain additional information from
Oncor through the filing of requests for information, which shall be responded to within fifteen (15) days from
the receipt of such request for information.
SECTION 3. City's designated representatives shall file their analysis of Oncor's filing and information on or
before October 13, 2016.
SECTION 4. Oncor shall file any rebuttal to the analysis of City's representatives on or before November 10,
2016. With its rebuttal, Oncor may present whatever additional information it desires to defend its current rates.
SECTION 5. A public hearing shall be conducted by the City Council for the City of Allen during a regular
council meeting scheduled between November 15 and December 15. At such hearing a representative of Oncor
and a representative of the City of Allen's consultants will each be allowed to address the City Council and
summarize previously filed reports for no more than 15 minutes. Based upon such hearing, a determination of the
reasonableness of the existing rates of Oncor shall be made by the City Council and, if necessary, just and
reasonable rates shall be determined to be thereafter observed and enforced for all services of Oncor within the
City of Allen, Texas.
' SECTION & The City Council may, from time to time, amend this procedural schedule and enter additional
orders as may be necessary in the public interest and to enforce the provisions hereof.
I
SECTION 7. Subject to the right to terminate employment at any time, the City of Allen hereby ratifies the
Steering Committee's selection of Geoffrey Gay with the law firm of Lloyd, Gosselink, Rochelle & Townsend as
legal counsel to assist the City of Allen in its ratemaking and to prosecute any appeals to the Texas Public Utility
Commission or court. The Executive Committee of the Steering Committee of Cities Served by Oncor shall retain
appropriate consultants to prepare a report and make rate recommendations.
SECTION S. Fees and expenses of attorneys and consultants assisting the City in the Steering Committee's
review of the reasonableness of Oncor's rates will be processed through the Steering Committee but the City
reserves the right to seek reimbursement from Oncor pursuant to the PURA Section 33.023.
SECTION 9. That it is hereby officially found and detemdned that the meeting at which this resolution was
passed was open to the public as required by law, and that public notice of the time, place, and purpose of said
meeting was given all as required by Section 551.041, Texas Goverment Code.
SECTION 10. This Resolution shall become effective immediately upon its passage
Resolution No. 3373-4-16(R), Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26m DAY OF APRIL 2016.
' APPROVED:
Aa4q
Stephen Terrell, MAYOR
ATTEST:
1
Resolution No. 33734-16(R), Page 3