Res 009-2011 1/18/2011 RESOLUTION NO. 09-2011
Resolution Of The City Of Wichita Falls Suspending The February 14,
2011 Effective Date Of Oncor Electric Delivery Company's 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 The Company And
Legal Counsel For The Steering Committee
WHEREAS, on or about January 7, 2011, Oncor Electric Delivery Company
(Oncor), pursuant to PURA §§ 33.001 and 36.001, filed with the City of Wichita Falls a
Statement of Intent to increase electric transmission and distribution rates in all
municipalities exercising original jurisdiction within its service area effective February
14, 2011; and
WHEREAS, the City of Wichita Falls is a member of the Steering Committee of
Cities Served by Oncor ("Steering Committee") and will cooperate with the 146
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 prior to setting
reasonable rates 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 WICHITA FALLS, TEXAS, THAT:
1. The February 14, 2011 effective date of the rate request submitted by
Oncor on or about January 7, 2011, 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 the 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.
3. The City's reasonable rate case expenses shall be reimbursed by Oncor
on a monthly basis.
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.
5. A copy of this Resolution shall be sent to Oncor, care of Autry Warren,
Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23� Floor, Dallas, Texas 75201
and to Geoffrey Gay, General Counsel to the Steering Committee, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this the 18th day of January, 2011.
C�_
MAYOR
ATTEST:
`�,� ��.
�ty Clerk