R-2753-7-08RESOLUTION NO. 2753-7-08(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, SUSPENDING THE AUGUAST 8, 2008,
EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY
REQUESTED RATE CHANGE TO PERMIT THE CITY 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 City of Allen, 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 City of Allen 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, THAT:
SECTION 1. 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.
SECTION 2. As indicated in the City'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 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.
' 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 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.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
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' Shelley B. Ggruje, CITY SECRE Y
Resolution No. 2753-7-08(R), Page 2