HomeMy WebLinkAboutCity Council Resolutions (R-08-2988)-07/15/2008RESOLUTION R-08-2988
A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, SUSPENDING THE
AUGUST 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 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 ONCOR AND LEGAL COUNSEL FOR THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR
WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company (Oncor),
pursuant to the Public Utilities Regulatory Act PURR §§ 33.001 and
36.001 filed with the City of Colleyville, Texas, 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 Colleyville is a member of the Steering Committee of Cities
Served by Oncor ("Steering Committee") and will cooperate with the 109
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 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
COLLEYVILLE, TEXAS:
Sec. 1. THAT 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.
Sec. 2. THAT as provided in the City's resolution approving membership in the
Steering Committee of Cities Served By Oncor, the Executive Committee
of the Steering Committee is authorized to hire and direct legal counsel
Resolution R-08-2988
Page 2 of 2 j
', Sec. 3
and consultants, negotiate with Oncor, 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.
THAT the City's reasonable rate case expenses shall be reimbursed by
Oncor.
Sec. 4. THAT 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.
Sec. 5. THAT a copy of this resolution shall be sent to Oncor, in 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.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ~ AYES, D NAYS AND ~ ABSTENTIONS
ON THIS THE ~~ DAY OF ~'~~ 2008.
ATTEST: ~ CITY OF COLLEYVILLE
C G~~'~
Cynthia Singleton, TRMC, MC David Kelly
City Secretary Mayor