HomeMy WebLinkAboutRES 2008-027 RESOLUTION NO. 2008-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, 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 AND PROVIDING AN
EFFECTIVE DATE
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 Grapevine 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 Grapevine 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 GRAPEVINE, TEXAS:
Section 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.
Section 2. That 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. That the City's reasonable rate case expenses shall be reimbursed
by Oncor.
Section 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.
Section 5. That 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.
Section 6. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of August, 2008.
APPROVED:
WiIIia D. Tate
Mayor
ATTEST:
04,;14_,
Linda Huff
City Secretary
RES NO. 2008-27 2
APPROVED AS TO FORM:
Matthew Boyle
City Attorney
RES NO. 2008-27 3