ORD 2008-35TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-35
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
("TOWN") DENYING THE RATE INCREASE PROPOSED BY
ONCOR ELECTRIC DELIVERY COMPANY, LLC ("ONCOR");
FINDING THAT THE MEETING COMPLIED WITH THE OPEN
MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Oncor filed an application with the Town Secretary on June
27, 2008 for an increase in rates of $275 million. The Town has suspended the
effective date until October 30, 2008; and
WHEREAS, the Town has joined with a coalition of cities known as the
Alliance of TXU/Oncor Customers ("ATOC"); and
WHEREAS, the application to increase rates by Oncor ("Statement of
Intent") has a been filed at the Public Utility Commission of Texas ("PUC"); and
WHEREAS, the date for filing ATOC's testimony has been set by the PUC
for November 26, 2008; and
WHEREAS, the experts hired by ATOC have not finished their review of
the thousands of pages of responses to discovery; and
WHEREAS, it is necessary for the Town to act before October 31, 2008
on Oncor's rate request; and
WHEREAS, the experts hired by ATOC have preliminarily concluded that
the size of the rate increase is not justified; and
WHEREAS, based upon the preliminary review of the Town's and ATOC's
experts the requested rate increase should be denied.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The findings set out in the preamble to this Ordinance are in
all things approved and adopted.
Section 2. The Town hereby denies Oncor's request to increase rates
and in support thereof finds that:
1
The Statement of Intent fails to provide sufficient information to justify the
requested increase in rates or to justify the changes set forth in the attached
tariffs;
As a preliminary matter, the requested increases for depreciation, storm
reserve, and pensions appears excessive.
Section 3. The Town Secretary shall notify Oncor by sending copy of
same to Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan
Street, Suite 22-070, Dallas, Texas 75201-3411 and ATOC shall be notified by
sending a copy to Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress
Avenue, Austin, Texas 78701.
Section 4. That the meeting at which this Ordinance was approved was
in all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after its
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas on this the 20th day of October, 2008.
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
X�hC�"7�1-i.-�n,P�i
4own Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM: c1pF TRC
Town Attorney
Town of Trophy Club, Texas
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Don J. Clevenger, Oncor Electric
Delivery Company LLC, 1601 Bryan
Street, Suite 22-070
Dallas, Texas 75201-3411
Jim Boyle, Herrera & Boyle, PLLC,
Suite 1250, 816 Congress Avenue
Austin, Texas 78701