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2008-054-RES SUSPENDING THE AUGUST 8, 2008 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES
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2008-054-RES SUSPENDING THE AUGUST 8, 2008 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES
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8/21/2012 1:00:28 PM
Creation date
7/29/2008 2:10:31 PM
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CITY CLERK
Doc Name
2008-054-RES
Doc Type
Resolution
CITY CLERK - Date
7/14/2008
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monitoring reports required by the PUC revealed that the Company was earning profits in excess <br />of its approved rate of return for monopoly services. Finally, the Company had recently gone <br />through massive reorganization and the hypothetical cost structures the PUC had used to justify <br />current rates were no longer valid. <br />The Steering Committee negotiated a comprehensive settlement in 2005 that called for <br />the Company to work with cities on certain items of concern to cities including municipal and <br />street lighting rates, maintenance, undergrounding and relocation of TXU facilities, and to make <br />cash payments to the Steering Committee for distribution to all members. In 2006, the Steering <br />Committee voted to approve an agreement that extends the benefits of the earlier settlement and <br />increases value to Cities. The settlement terms called for the Company to file a rate case in <br />2008. The total benefits of the Steering Committee settlement agreement are worth <br />approximately $85 million for the period 2005 - 2009. <br />Exulanation of "Be It Resolved" Paragraphs: <br />Section 1. The city is authorized to suspend the rate change for 90 days after the date that <br />the rate change would otherwise be effective for any legitimate purpose. Time to study and <br />investigate the application is always a legitimate purpose. Please note that the resolution refers <br />to the suspension period as "the maximum period allowed by law" rather than ending by a <br />specific date. This is because the Company controls the effective date and can extend the <br />deadline for final city action to increase the time that the City retains jurisdiction if necessary to <br />reach settlement on the case. If the suspension period is not otherwise extended by the <br />Company, the City must take final action on Oncor's request to raise rates by November 6, 2008. <br />Section 2. This provision authorizes the Steering Committee, consistent with the City's <br />resolution approving membership in the Steering Committee, to act on behalf of the City at the <br />local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate <br />ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are <br />enhanced by the City cooperating with the Steering Committee in a common review and <br />common purpose. Additionally, rate case expenses are minimized when the Steering Committee <br />hires one set of attorneys and experts who work under the guidance and control of the Executive <br />Committee of Steering Committee. <br />Section 3. The Company will reimburse the Steering Committee for its reasonable rate <br />case expenses. Legal counsel and consultants approved by the Executive Committee of the <br />Steering Committee will submit monthly invoices that will be forwarded to Oncor for <br />reimbursement. No individual city incurs liability for payment of rate case expenses by adopting <br />a suspension resolution. <br />Section 4. This section merely recites that the resolution was passed at a meeting that <br />was open to the public and that the consideration of the Resolution was properly noticed. <br />Section 5. This section provides that both Oncor and Steering Committee counsel will be <br />notified of the City's action by sending a copy of the approved and signed resolution to certain <br />designated individuals. <br />
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