RES 2016-11TOWN OF TROPHY CLUB
RESOLUTION NO. 2016-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, DIRECTING ONCOR ELECTRIC DELIVERY
COMPANY, LLC TO FILE CERTAIN INFORMATION WITH THE TOWN
OF TROPHY CLUB; SETTING A PROCEDURAL SCHEDULE FOR THE
GATHERING AND REVIEW OF NECESSARY INFORMATION IN
CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF
THE TOWN'S ANALYSIS OF THE COMPANY'S FILING AND THE
COMPANY'S REBUTTAL TO SUCH ANALYSIS; RATIFYING THE
HIRING OF LEGAL COUNSEL AND CONSULTANTS; RESERVING
THE RIGHT TO REQUIRE THE REIMBURSEMENT OF TOWN OF
TROPHY CLUB'S RATE CASE EXPENSES; SETTING A PUBLIC
HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING
RATES OF ONCOR ELECTRIC DELIVERY COMPANY ARE
UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY
PROVISION OF LAW AND THE DETERMINATION BY THE TOWN OF
TROPHY CLUB OF JUST AND REASONABLE RATES TO BE
CHARGED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC.;
NOTING COMPLIANCE WITH OPEN MEETINGS LAW; PROVIDING
NOTICE OF PASSAGE.
WHEREAS, the Town of Trophy Club is a regulatory authority under the Public
Utility Regulatory Act ("PURA") and has original jurisdiction over the rates of Oncor
Electric Delivery Company, LLC ("Oncor") to determine if such rates are just and
reasonable; and
WHEREAS, Sections 33.021, 36.003 and 36.151 of PURA empower a
regulatory authority, on its own motion or on a complaint by any affected person, to
determine whether the existing rates of any public utility for any service are
unreasonable or in any way in violation of any provision of law, and upon such
determination, to determine the just and reasonable rates; and
WHEREAS, the Town of Trophy Club has reason to believe that Oncor is over-
earning and its rates are excessive; and
WHEREAS, the Town of Trophy Club is a member of the Steering Committee of
Cities Served By Oncor; and
WHEREAS, the Executive Committee of the Steering Committee of Cities
Served by Oncor has recommended that cities pass a resolution that requires Oncor to
show cause why its transmission and distribution rates should not be reduced; and
WHEREAS, the Town of Trophy Club, and the Town Council of the Town of
Trophy Club desires, on its own motion, to exercise its authority under Sections 33.021,
36.003 and 36.151 of PURA; and
WHEREAS, a procedural schedule should be established for the filing of certain
information by Oncor, procedures to be followed to obtain and review information from
Oncor, the filing of an analysis of such information by the Town, the filing of rebuttal
information from Oncor, and a public hearing at which time the Town shall make a
determination whether the existing rates of Oncor are unreasonable or are in any way in
violation of any provision of law, and if such rates should be revised, and just and
reasonable rates determined for Oncor.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. This resolution constitutes notice of the Town's intent to proceed
with an inquiry into the transmission and distribution rates charged by Oncor. On or
before September 1, 2016, Oncor shall file with the Town of Trophy Club information
that demonstrates good cause for showing that Oncor's transmission and distribution
rates should not be reduced. Specifically, Oncor shall file with the Town of Trophy Club
information for the test year beginning January 1, 2015 and ending December 31, 2015,
regarding Oncor's cost of service elements, including, but not limited to, the elements
detailed by the Public Utility Commission as necessary for the filing of a Statement of
Intent to Change Rates. The test year may be updated for more current data and shall
be adjusted for known and measureable changes.
SECTION 2. Town's designated representatives shall have the right to obtain
additional information from Oncor through the filing of requests for information, which
shall be responded to within fifteen (15) days from the receipt of such request for
information.
SECTION 3. Town's designated representatives shall file their analysis of
Oncor's filing and information on or before October 13, 2016.
SECTION 4. Oncor shall file any rebuttal to the analysis of Town's
representatives on or before November 10, 2016. With its rebuttal, Oncor may present
whatever additional information it desires to defend its current rates.
SECTION 5. A public hearing shall be conducted by the Town Council for the
Town of Trophy Club during a regular council meeting scheduled between November
15 and December 15. At such hearing a representative of Oncor and a representative
of the Town of Trophy Club's consultants will each be allowed to address the Town
Council and summarize previously filed reports for no more than 15 minutes. Based
upon such hearing, a determination of the reasonableness of the existing rates of Oncor
shall be made by the Town Council and, if necessary, just and reasonable rates shall be
RES 2016-11 Page 2 of 4
determined to be thereafter observed and enforced for all services of Oncor within the
Town of Trophy Club, Texas.
SECTION 6. The Town Council may, from time to time, amend this procedural
schedule and enter additional orders as may be necessary in the public interest and to
enforce the provisions hereof.
SECTION 7. Subject to the right to terminate employment at any time, the Town
of Trophy Club hereby ratifies the Steering Committee's selection of Geoffrey Gay with
the law firm of Lloyd, Gosselink, Rochelle & Townsend as legal counsel to assist the
Town of Trophy Club in its ratemaking and to prosecute any appeals to the Texas
Public Utility Commission or court. The Executive Committee of the Steering
Committee of Cities Served by Oncor shall retain appropriate consultants to prepare a
report and make rate recommendations.
SECTION 8. Fees and expenses of attorneys and consultants assisting the
Town in the Steering Committee's review of the reasonableness of Oncor's rates will be
processed through the Steering Committee but the Town reserves the right to seek
reimbursement from Oncor pursuant to the PURA Section 33.023.
SECTION 9. That it is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law, and that
public notice of the time, place, and purpose of said meeting was given all as required
by Section 551.041, Texas Government Code.
SECTION 10. That a copy of this Resolution shall be sent to E. Allen Nye, Jr.,
Senior Vice President, General Counsel and Secretary, Oncor Electric Delivery
Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202, and to Geoffrey
Gay, General Counsel to the Steering Committee of Cities Served by Oncor, at Lloyd
Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
RES 2016-11 Page 3 of 4
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 26th day of April 2016, by the following vote:
Ayes:
Nays:
Abstentions:
�2
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbre , Town Sec
Town of Trophy Club, Te:
T�Op P� .ROVED AS TO FORM:
(Y) f l
cia A. Adams, Town Attorney
i of Trophy Club, Texas
RES 2016-11 Page 4 of 4