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STAFF REPORT <br />***ACTION MUST BE TAKEN TO SUSPEND THE EFFECTIVE DATE ON OR <br />BEFORE AUGUST 8, 2008*** <br />PURPOSE <br />Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or <br />about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide <br />transmission and distribution rates by $27S million. (Until last year, Oncor was known as TXU <br />Electric Delivery Company.) The Company asks the City to approve an 17.6% increase in <br />residential rates, a 9.1 % increases in commercial rates, and a 5.8% increase in street lighting <br />rates. According to Oncor, annua.l rates would increase by approximately $60 for an average <br />residential customer. <br />The resolution suspends the August 8, 2008 effective date of the Company's rate increase <br />for the maximum period permitted by law to a11ow the City, working in conjunction with the <br />Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the <br />filing complies with law, and if lawful, to determine what further strategy, including settlement, <br />to pursue. <br />The law provides that a rate request made by an electric utility cannot become effective <br />until at least 35 days following the filing of the application to change rates. The law permits the <br />City to suspend the rate change for 90 days after the date the rate change would otherwise be <br />effective. If the City fails to take some action regarding the filing before the effective date, <br />Oncor's rate request is deemed administratively approved. <br />DISCUSSION <br />The City of Paris, Texas is a member of a 109-city coalition known as the Steering <br />Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has <br />been in existence since the late 1980s. It took on a formal structure in the eaxly 1990s when <br />Cities served by the former TXLJ gave up their statutory right to rate case expense <br />reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions <br />and funded by per capita assessments, the Steering Committee has been the primary public <br />interest advocate before the Public Utility Commission, the Courts, and the Legislature on <br />electric utility regulation matters for the last 20 years. <br />This filing is the result of a rate investigation started by the Steering Committee in 2004. <br />That year, 20 members of the Steering Committee exercised their original jurisdiction to <br />investigate the transmission and distribution rates charged by TXU. The 2004 rate inquiry was <br />justified by several factors. First, the Company's rates charged had not been fully reviewed by <br />the PUC since the early 1990s. Second, when the PUC "unbundled" the transmission and <br />distribution rates from generation and retail costs during the transition to deregulation in 2002, <br />municipal accounts were grouped within the broader category of commercial services. This led <br />to application of unfair demand ratchets and higher charges for municipal accounts like water <br />pumping. It also led to high charges for street lighting. Third, the Company's earnings <br />