RE 2021-0427.1 Oncor DenialRESOLUTION NO. 2021-0427.1
A RESOLUTION OF THE CITY OF COPPELL, 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 Coppell, 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 Coppell 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, 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 Coppell 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, APPROVED AND ADOPTED on Jhi
ELBO HIPNNT, MAYOR
A
ASHLEY OWENSS, CITY SECRETARY
ROBERT HAGER"Y ATTORNEY
52021.