HomeMy WebLinkAboutResolution 2011-005 RESOLUTION NO. 2011 -005
RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS
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 North
Richland Hills 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 North Richland Hills 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.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT 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.
Resolution No. 2011 -005
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SECTION 2. THAT 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 Oncor, 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 on a monthly basis.
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 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 24th day of January, 2011.
CITY • :ART ' ' LA ' HILLS
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Oscar Trevino, Mayor
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#' WV Fitit in, City Secretary
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APPR TO FOR i AND LEGALITY:
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George A. Staples, • ty Attorney
API OVED pl 7 CONTENT:
Karen Bostic, Assistant City Manager
Resolution No. 2011 -005
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