Res 076-2023 Denying Oncor's Increase in Distribution Rates 07/18/2023 Resolution No. 76-2023
A Resolution of the City of Wichita Falls, Texas, finding that Oncor
Electric Delivery Company LLC's Application to Amend its
Distribution Cost Recovery Factor and Update Generation Riders to
Increase Distribution Rates within the City should be denied;
Authorizing participation with the Steering Committee of Cities Served
by Oncor; Authorizing hiring of legal counsel; Finding that the City's
reasonable rate case expenses shall be reimbursed by the Company;
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
WHEREAS, the City of Wichita Falls, Texas ("City") is an electric utility customer
of Oncor Electric Delivery Company LLC ("Oncor" or "Company") and a regulatory
authority with an interest in the rates and charges of Oncor; and
WHEREAS, the City is a member of the Steering Committee of Cities Served by
Oncor ("OCSC"), a membership of similarly situated cities served by Oncor that have
joined together to efficiently and cost-effectively review and respond to electric issues
affecting rates charged in Oncor's service area; and
WHEREAS, on or about June 29, 2023, Oncor filed with the City an Application to
Amend its Distribution Cost Recovery Factor and Update Mobile Generation Riders, PUC
Docket No. 55190, seeking to increase electric distribution rates by approximately
$152.78 million and update Oncor's Rider Mobile Generation and Rider Wholesale Mobile
Generation to recover $1 .07 million related to mobile generation facilities; and
WHEREAS, all electric utility customers residing in the City will be impacted by this
rate-making proceeding if it is granted; and
WHEREAS, OCSC is coordinating its review of Oncor's DCRF filing with
designated attorneys and consultants to resolve issues in the Company's application; and
WHEREAS, OCSC members and attorneys recommend that members deny the
DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
Section 1 . That the City is authorized to participate with Cities in PUC Docket No.
55190.
Section 2. That subject to the right to terminate employment at any time, the City
hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to
negotiate with the Company, make recommendations to the City regarding reasonable
rates, and to direct any necessary administrative proceedings or court litigation
associated with an appeal of this application filed with the PUC.
Section 3. That the rates proposed by Oncor to be recovered through its DCRF
charged to customers located within the City limits, are hereby found to be unreasonable
and shall be denied.
Section 4. That the Company shall continue to charge its existing rates to
customers within the City.
Section 5. That the City's reasonable rate case expenses shall be reimbursed in
full by Oncor within 30 days of presentation of an invoice to Oncor.
Section 6. 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 7. That a copy of this Resolution shall be sent to J. Michael Sherburne,
Vice President — Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall
Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews Kurth LLP,
1445 Ross Avenue, Suite 3700, Dallas, Texas 75202; and to Thomas L. Brocato, General
Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, 816 Congress Ave., Suite
1900, Austin, Texas 78701 .
PASSED AND APPROVED this the 18th day of July 2023.
MAYOR
ATTEST:
177 -
City Clerk
APPROVED AS TO FORM:
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