HomeMy Public PortalAboutResolution No. 328-08 07-08-2008
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CITY OF RICHLAND HILLS RESOLUTION N0.328-08
RESOLUTION OF THE CITY OF RICHLAND HILLS, 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
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 Richland Hills, 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 Richland Hills, Texas 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, PURR § 36.108 grants local regulatory authorities the right to suspend the
effective date of proposed rate change for ninety (90) days after the date the rate change would
otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred byCities inrate-making activities
are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
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.
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
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counsel and consultants, negotiate with the Company, making 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.
3. That the City's reasonable rate case expenses shall be reimbursed by Oncor.
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.
5. A copy of this Resolution shall be sent to Oncor, care of Debra Anderson, Oncor
Electric Delivery Company,1601 Bryan Street, Suite 23-OSSC, 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.
Passed and approved this day of , 2008.
CITY OF RICHLAND HILLS, TEXAS
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onorable David L. Ra ,Mayor
AT EST:
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Linda Cantu, 'ty Secretary ~ Off.
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AP OV D O ND LEGALITY: = ~ ~
Tim G. Sralla, City Attorney
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