R506RESOLUTION NO. 506
RESOLUTION OF THE CITY OF BENNEDALE SUSPENDING THE
APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY
COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY
TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE
RATES; APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE
COMPANY AND DIRECT ANY NECESSARY LITIGATION AND
APPEALS; 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 FOR THE STEERING
COMMITTEE
WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (Oncor),
pursuant to PURA §§ 33.001 and 36.001 filed with the City of Kennedale a Statement of Intent
to increase electric transmission and distribution rates in all municipalities exercising original
jurisdiction within its service area effective April 21, 2017; and
WHEREAS, the City of Kennedale is a member of the Steering Committee of Cities
Served by Oncor ( "Steering Committee ") and will cooperate with the 156 similarly situated city
members and other city participants in conducting a review of the Company's application and to
hire and direct legal counsel and consultants and to prepare a common response and to negotiate
with the Company prior to getting reasonable rates and direct any necessary litigation; and
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the
effective date of proposed rate changes for ninety (90) days after the date the rate change would
otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking
proceedings are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ICENNEDALE, TEXAS:
1. That the April 21, 2017 effective date of the rate request submitted by Oncor on or
about March 17, 2017, be suspended for the maximum period allowed by law to permit adequate
time to review the proposed changes and to establish reasonable rates.
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2. As indicated in the City's resolution approving membership in the Steering
Committee, the Executive Committee of Steering Committee is authorized to hire and direct
legal counsel and consultants, negotiate with the Company, make recommendations regarding
reasonable rates, and to intervene and direct any necessary administrative proceedings or court
litigation associated with an appeal of a rate ordinance and the rate case filed with the City or
Public Utility Commission.
3. That the City's reasonable rate case expenses shall be reimbursed by Oncor.
4. 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.
5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor
Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to
Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend,
P.C., P.O. Box 1725, Austin, Texas 78767 -1725.
PASSED AND APPROVED this the 17th day of April, 2017.
Brian Johnsot, Mayor
ATTEST:
Leslie Galloway, City Secretary
Of
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