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RES 2007-16RESOLUTION NO. 2007-1 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING INTERVENTION IN THE PUBLIC UTILITY COMMISSION PROCEEDING, TRANSFERRING THE OWNERSHIP OF TXUIONCOR, DOCKET NO. 34077; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES, PUBLIC ENTITIES AND COMMERCIAL CUSTOMERS KNOWN AS THE ALLIANCE OF TXUIONCOR CUSTOMERS ("ATOC"); PROVIDING FOR THE RETENTION OF LEGAL EXPERTS; PROVIDING FOR NOMINAL FUNDING; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, On February 26, 2007, a proposed buyout of TXU Corp. was announced. The potential purchasers are several equity firms, including Kohlberg Kravis Roberts & Co. ("KKR") and Texas Pacific Group ("TPG"). The purchase price has been announced as $45 billion. WHEREAS, on April 25, 2007, a filing was made with the Public Utility Commission by Oncor Electric Delivery Company, formerly known as TXU Electric Delivery Company (hereinafter referred to as "TXUIOncor") and Texas Energy Future Holdings L.P. ("TEF") for a declaration that the acquisition of TXUIOncor is in the public interest. WHEREAS, the applicants have claimed that the transaction is in the public interest, in part, due to a commitment not to seek TCEQ permits for 8 coal- fired generating stations and a 10% reduction in price for TXU Energy, an Affiliate Retail Electric Provider ("A-REP"), for customers who have not chosen an alternative electric service plan since the advent of retail competition. WHEREAS, the validity and value of the foregoing commitments are not beyond question; WHEREAS, the Staff of the PUC reported in March 2007 that TXUIOncor was over-earning by approximately $80 million. WHEREAS, TXUIOncor has not committed to any reduction in distribution rates; WHEREAS, there is genuine concern about the impact of the leveraged buyout by KKR and TPG on the rates of electric customers who reside within the service territory of TXUIOncor; WHEREAS, the purchase of TXU Corp. by KKRPTPG is the largest leveraged buyout by private equity funds; WHEREAS, a public interest determination of TXUIOncor buyout requires specialized expertise of lawyers and financial analysts; and WHEREAS, by forming a coalition with other public entities and commercial customers, it will be possible to review the TXUIOncor buyout in a more efficient and complete manner. NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. That the Town is authorized to join with other municipalities, public entities and commercial customers in order to form and participate in the Alliance of TXUIOncor Customers ("ATOC"), to form a steering committee to provide direction and guidance to legal experts. Section 3. That the Town authorizes the law firm of Herrera & Boyle, PLLC and Michael Pichinson of the Public Power PoolIAssociation Power to act on behalf of the Town and ATOC in PUC Docket No. 34077. Section 4. That the Town authorizes the payment of an amount not to exceed $200.00 to the law firm of Herrera & Boyle, PLLC to act on behalf of the Town as a participant in ATOC. Section 5. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this gth day of July, 2007 Mayor, Nick Sanders ATTEST: APPROVED AS TO FORM: