RES 2008-18-.. _.. ----~._.i\.-~::----
TOWN OF TROPHY CLUB
RESOLUTION NO. 2008-18
A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TROPHY
CLUB, TEXAS AUTHORIZING THE SUSPENSION OF PROPOSED
RATES AND THE INTERVENTION IN THE PUBLIC UTILITY
COMMISSION PROCEEDING INVOLVING THE REQUEST TO
INCREASE ELECTRIC RATES OF ONCOR ELECTRIC DELIVERY
COMPANY; AUTHORIZING PARTICIPATION IN A COALITION OF
MUNICIPALITIES KNOWN AS THE ALLIANCE OF TXU/ONCOR
CUSTOMERS ("ATOC"); PROVIDING FOR THE RETENTION OF
EXPERTS; 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 June 27,2008 Oncor Electric Delivery Company ("Oncor") filed a
request to increase its transmission and distribution rates by more than $275 million;
and
WHEREAS, under the Public Utility Regulatory Act § 36.108 a municipality may
suspend the effective date for adoption of the request for a change in rates; and
WHEREAS, in June 2008 four retail electric providers ("REPs") have gone out of
business, forcing thousands of electric customers to purchase electricity at prices which
are unheard of in the United States; and
WHEREAS, the Oncor rate increase request is being filed at a time when the
Public Utility Commission of Texas is considering requests for over $5 billion in new
transmission projects. A large portion of the costs for these projects will be borne by
customers located within the municipalities served by Oncor; and
WHEREAS, the general rate increase being requested by Oncor is in addition to
the surcharge being sought for advanced metering services; and
WHEREAS, the Oncor rate increase reqUires the specialized expertise of
lawyers and experts who concentrate on analyzing utility rate requests; and
WHEREAS, the coalition known as the Alliance of TXU/Oncor Customers
("ATOC") was active at the Public Utility Commission of Texas in the Oncor 2007 rate
request proceeding and in the proceeding involving the acquisition of TXU Electric
Distribution Company by Texas Entergy Future Holdings; and
WHEREAS, participation in ATOC will benefit electric customers within our
municipality by helping insure that Oncor rates are just and reasonable.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The findings set out in the preamble to this resolution are 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 participate in the Alliance of TXU/Oncor
Customers ("ATOC"), to form a steering committee to provide direction and guidance to
legal and consulting experts with regard to the Oncor 2008 General Rate Request.
Section 4. That the Town does hereby suspend the proposed effective date of
Oncor's request for an increase in rates for a period of 90 days.
Section 3. That the Town authorizes the law firm of Herrera & Boyle, PLLC to
act on behalf of the Town and ATOC in the Oncor 2008 General Rate Request and
related proceedings.
Section 4. Legal counsel for ATOC is authorized to take such actions in
connection with the Oncor 2008 General Rate Request as are in the best interest of the
customers of Oncor who are located within the Town s municipal boundaries, consistent
with the instructions of the Steering Committee, including any administrative or judicial
proceedings related to Oncor's 2008 General Rate Request.
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 by the Town Council of the Town of Trophy Club,
Texas on this 4th day of August 2008.
c~.5~
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
...
o£C Jl u l r) )'1
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
~~iEJl
Town Attorney,
Town of Trophy Club, Texas