HomeMy WebLinkAboutResolution 2021-025RESOLUTION NO.2021-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, FINDING THAT ONCOR ELECTRIC
DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL TO
AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO
INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE
DENIED; AUTHORIZING PARTICIPATION WITH OCSC;
AUTHORIZING THE HIRING OF LEGAL COUNSEL AND
CONSULTING SERVICES; 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 North Richland Hills, Texas ("City") is an electric utility
customer of Oncor Electric Delivery Company LLC ("Oncor" or
"Company") with an interest in the rates and charges of Oncor; and
WHEREAS, The Steering Committee of Cities Served by Oncor ("OCSC") is a
coalition 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 in
matters before the Public Utility Commission ("Commission") and the
courts; and
WHEREAS, On or about April 8, 2021, Oncor filed with the Commission an
Application for Approval to Amend its Distribution Cost Recovery
Factor ("DCRF"), Commission Docket No. 51996, seeking to increase
its total distribution revenue requirement by approximately
$97,826,277; and
WHEREAS, the City of North Richland Hills will cooperate with OCSC in
coordinating their review of Oncor's DCRF filing with designated
attorneys and consultants, prepare a common response, negotiate
with the Company, and direct any necessary litigation, to resolve
issues in the Company's filing; and
WHEREAS, all electric utility customers residing in the City will be impacted by
this ratemaking proceeding if Oncor's Application is granted; and
WHEREAS, working with the OCSC to review the rates charged by Oncor allows
members to accomplish more collectively than each city could do
acting alone; and
WHEREAS, OCSC's members and attorneys recommend that members who have
retained original jurisdiction over electric utility rates deny Oncor's
DCRF.
Resolution No. 2021-025
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That the City is authorized to participate with OCSC in Commission
Docket No. 51996.
SECTION 2. That, subject to the right to terminate employment at any time, the
City of North Richland Hills hereby authorizes the hiring of the law
firm of Lloyd Gosselink Rochelle & Townsend, P.C. 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 Oncor's DCRF application.
SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF
charged to customers located within the City limits should be denied.
SECTION 4. That the Company should 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 the adoption of this Resolution,
and within 30 days of presenting monthly bills to Oncor thereafter.
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 7520; and to Thomas Brocato, General Counsel
to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box
1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com.
PASSED AND APPROVED on this 24th day of May. 2021.
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In
Resolution No. 2021-025
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ATTEST:
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Alicia Richardson
City Secretary/Chief
APPROVED AS TO FORM AND LEGALITY:
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Maleshia B. McGinnis, City Attorney
Resolution No. 2021-025
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