HomeMy WebLinkAboutResolution 3119~~
A Resolution
No 3/1~'
INITIATING A RATEMAKING PROCEEDING AGAINST TXU ELECTRIC
DELIVERY COMPANY, DIRECTING TXU ELECTRIC DELIVERY
COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY, 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 RETENTION OF CONSULTANTS TO ASSIST THE CITY IN
SUCH MATTER, AND RESERVING THE RIGHT TO REQUIRE THE
REIMBURSEMENT OF THE CITY'S EXPENSES THEREFROM.
~~~~
WHEREAS, the City is a regulatory authority under the Public Utility Regulatory Act
("PURR') and has original ~unsdiction over the rates of TXU Electric Delivery
Company ("TXU") to determine if such rates are dust and reasonable; and
WHEREAS, Sections 33 021 36 003 and 36 151 of PURR empowers the City on rts own
motion, to determine whether the existing rates of an electric utility serving the
Crty are unreasonable or m any way m violation of any provision of law and
upon such determination, to determine the dust and reasonable rates to be
observed thereafter and
WHEREAS, the Crty has reason to believe that TXU's existing transmission and distribution
rates are unjust and unreasonable; and
WHEREAS, the City is a member of the Steering Committee of Cities Served By TXU (the
`Steering Committee'), a consortium of mumcipalrties served by TXU and
WHEREAS, the Steering Committee has unammously recommended that each of its
members adopt a Resolution that requires TXU to show cause why TXU's
existing transnssion and distribution rates should not be reduced, and
WHEREAS, the Crty Council desires, on rts own motion, to exercise rts authority under
Sections 33 021 36 003 and 36 151 of PURA to imtiate a ratemakmg
proceeding against TXU m order to determine whether TXU's existing
transmission and distribution rates are dust and reasonable; and
WHEREAS, a procedural schedule should be established for the filing of certain information
by TXU the review of that mformahon, the filing of an analysis of such
information by the City and the filing of rebuttal information from TXU
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,
I.
That this Resolution constitutes notice of the City's intent to imtiate a ratemaking proceeding
against TXU the first step of which will involve an inquiry as to whether TXU's existing transmission
and distribution rates are just and reasonable. On or before November 30 2004 TXU shall. file with the
Crty information, if any that demonstrates good cause for showing that TXU's transmission and
distribution rates should not be reduced. Specifically TXU shall file with the Crty information for the
test year beginmng July 1 2003 and ending June 30 2004 regarding TXU'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.
II.
That the City's designated representatives shall have the right to obtain additional information
from TXU through the filing of requests for information, which shall be responded to within fifteen (15)
calendar days from the receipt of such request for information.
III.
That the City's designated representatives shall file their analysis of TXU's filing and
information on or before December 29 2004
IV
That TXU shall file any rebuttal to the analysis of the City's representatives on or before January
7 2005 With its rebuttal, TXU may present whatever additional information rt desires to defend its
current rates.
V
That once the Crty and its consultants have reviewed all :such information, a public hearing shall
be scheduled. At such hearing a representative of TXU and a representative of the City s consultants
will each be allowed to address the Crty Council and summarize previously filed reports for no more
than 15 minutes each. Based upon such hearing, a determination of the reasonableness of the existing
rates of TXU shall be made by the City Council and, if necessary dust and reasonable rates shall be
deterrmned to be thereafter observed and enforced for all services of TXU wrtlun the Crty