Resolution 2016-11 RESOLUTION NO.2016—11(R)
DIRECTING ONCOR ELECTRIC DELIVERY COMPANY, LLC TO
FILE CERTAIN INFORMATION WITH THE CITY OF WYLIE, TEXAS;
SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND
REVIEW OF NECESSARY INFORMATION IN CONNECTION
THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'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 THE CITY OF WYLIE'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 CITY OF WYLIE, TEXAS 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 City of Wylie, Texas 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 City of Wylie, Texas has reason to believe that Oncor is over-earning
and its rates are excessive; and
WHEREAS, the City of Wylie, Texas 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 City of Wylie, Texas, and the City Council of the City of Wylie, Texas
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 City, the filing of rebuttal information from
Oncor, and a public hearing at which time the City shall make a determination whether the
Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
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 CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1. This resolution constitutes notice of the City'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 City of Wylie, Texas information that demonstrates good cause
for showing that Oncor's transmission and distribution rates should not be reduced. Specifically,
Oncor shall file with the City of Wylie, Texas 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. City'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. City'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 City'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 City Council for the City of
Wylie, Texas during a regular council meeting scheduled between November 15 and December
15. At such hearing a representative of Oncor and a representative of the City of Wylie's
consultants will each be allowed to address the City 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 City Council and, if
necessary,just and reasonable rates shall be determined to be thereafter observed and enforced
for all services of Oncor within the City of Wylie, Texas.
SECTION 6. The City 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 City of
Wylie, Texas 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 City of Wylie,
Texas 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.
Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
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SECTION 8. Fees and expenses of attorneys and consultants assisting the City in the
Steering Committee's review of the reasonableness of Oncor's rates will be processed through
the Steering Committee but the City 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.
AND IT IS SO ORDERED.
The above and foregoing resolution was passed and approved on this the 26th day of April, 2016,
by the following vote:
Ayes: 7
Nays:-0-
Abstentions:$
At regular meeting April 26, 2016.
MAYOR
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Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
3