RE 2011-0208.1RESOLUTION NO. // — ( 00 1 ?p8 , .
RESOLUTION OF THE CITY OF COPPELL 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 Coppell 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 Coppell 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 getting 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.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
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.
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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.
3. That the City's reasonable rate case expenses shall be reimbursed by Oncor.
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.
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 day of
2011.
ATTEST:
APPROVED AS TO FORM:
City Attorney
Christel Pettinos, City Secretary
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