Res 121-2008 8/5/2008 RESOLUTION NO. 1 1-a�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, SUSPENDING THE AUGUST 8, 2008, 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 ONCOR CITIES STEERING COMMITTEE TO
HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE
WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION
AND APPEALS; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
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 Wichita Falls 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 Wichita Falls 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 WICHITA FALLS, TEXAS, THAT:
SECTION 1. The August 8, 2008 effective date of the rate request submitted by
Oncor on or about June 27, 2008, is hereby suspended for the maximum period allowed
by law to permit adequate time to review the proposed changes and to establish
reasonable rates.
SECTION 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 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. The City's reasonable rate case expenses shall be reimbursed by
Oncor.
SECTION 4. 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.
SECTION 5. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 5 day of August, 2008.
MAYOR ,
,
ATTEST:
�r
ity Clerk