16 TXU Info Request Res - Laserfiche WebLink

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At the time the Agenda was prepared, T U was offered the opportunity to prov de written materials for inclusion in the Agenda packet in eply t the materials included from e Steering Committee. TXU already has a copy of the Ste ring ommittee materials from anoth r city. In response to that offer, TXU declined the oppor nity to include the materials, choosing to present the materials for the first time at City Council's meet' g when this matter is delibera ed. TXU would provide the materials for inclusion in the acket i the City Attorney agreed that y further rebuttal material from the Steering Committee ould ikewise be revealed to TXU i advance. Because of time contingencies, it was impossible to eve determine whether or not furth r rebuttal materials from the Steering Committee could be orthco ing, and hence it was impossib e to agree to TXU's request. As a consequence, the T U mat rials will not be available unt 1 the City Council meeting. Alternatively, TXU requested that the Ci y post one consideration of this matter until such time as TXU could meet with City Council m mbers privately and individually to iscuss the materials. It is the City Attorney's positio that t delay this matter essentiall to avoid discussing it in a public forum is not conduciv with iving fair consideration to the issue and allowing the general public the opportunity to h e an nderstanding of the issue. Con equently, the City Attorney declined to agree administrati ely to delay consideration of the mat er. RECOMMENDATION The City Attorney recommends the City Coun il adopt the attached resolution requiring TXU to show cause regarding the reasonablen ss of i s existing T & D rates, inclu ing street lighting service; establishing a procedural sche ule fo the rate review process; and iring and directing legal counsel and consultants to revie TXU s rate information and represe t the City on related appeals.