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Item 4E - MemoCITY OF SOUTHLAKE MEMORANDUM May 18, 2021 To: Shana Yelverton, City Manager From: Daniel Cortez, Director of Economic Development & Tourism Subject: Resolution No. 21-019 — Denying Oncor Electric Delivery Company's application for approval to amend its distribution cost recovery factor to increase distribution rates within the City of Southlake Action Requested: Approval of Resolution No. 21-019, denying Oncor Electric Delivery Company's application for approval to amend its distribution cost recovery factor to increase distribution rates within the City of Southlake. Background Information: Cities have been advocating on behalf of their electricity consumers for many years, especially at the Public Utility Commission of Texas. One of the most important municipal coalitions currently active in electric utility cases is the Steering Committee of Cities Served by Oncor ("OCSC"). The OCSC is an organization of more than 156 cities in north and central Texas with residents served by the Oncor transmission and distribution utility. These cities have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor's service area in matters before the Public Utility Commission and the courts. The City of Southlake, with those other 156 cities, is a member of the OCSC. The OCSC undertakes activities on behalf of its city members and their citizens such as participation in rate cases, rulemakings, advocacy and legislative efforts that impact utility rates and costs such as this application being filed by Oncor. On April 8, 2021, Oncor filed an application for approval to amend its Distribution Cost Recovery Factor ("DCRF") to increase distribution rates with each of the cities in their service area. In the filing, Oncor is seeking an increase in its total distribution revenue requirement by approximately $97,826,277. The Public Utility Commission of Texas's rules on these types of application filings allow for cities to act on these applications within 60 days of the filing. The OCSC legal counsel, Lloyd Gosselink Rochelle & Townsend, P.C., has recommended for member cities to deny this application so the OCSC can evaluate the filing, determine whether the filing complies with the law, and if lawful, to determine what further strategy, including settlement, to pursue. The OCSC and its legal counsel recommend that all cities adopt a resolution denying Oncor's application for approval to amend its DCRF to increase distribution rates. Once a negotiated settlement agreement is reached, resolving the 2021 application filing, a separate agreement will be drafted and implemented. Financial Considerations: None Strategic Link: This item is specifically linked to the City's Strategy Map through 132: Collaborate with select partners to implement service solutions Legal Review: Lloyd Gosselink Rochelle & Townsend, P.C. has reviewed this resolution Alternatives: Deny Resolution 21-019, approving Oncor Electric Delivery Company's application to amend its distribution cost recovery factor to increase distribution rates within the City of Southlake without legal review or a negotiated settlement. Staff Recommendation: Approval of Resolution 21-019, denying Oncor Electric Delivery Company's application for approval to amend its distribution cost recovery factor to increase distribution rates within the City of Southlake Attachments: Resolution 21-019 Staff Contacts: Daniel Cortez (817) 748-8039 RESOLUTION NO. 21-019 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR ("OCSC"); AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Southlake, Texas ("City") is an electric utility customer of Oncor Electric Delivery Company LLC ("Oncor" or "Company") with an interest in the rates and charges of Oncor; and WHEREAS, the Steering Committee of Cities Served by Oncor ("OCSC") is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor's service area in matters before the Public Utility Commission ("Commission") and the courts; and WHEREAS, on or about April 8, 2021, Oncor filed with the Commission an Application for Approval to Amend its Distribution Cost Recovery Factor ("DCRF"), Commission Docket No. 51996, seeking to increase its total distribution revenue requirement by approximately $97,826,277; and WHEREAS, the City of Southlake will cooperate with OCSC in coordinating their review of Oncor's DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company's filing; and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if Oncor's Application is granted; and WHEREAS, working with the OCSC to review the rates charged by Oncor allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, OCSC's members and attorneys recommend that members who have retained original jurisdiction over electric utility rates deny Oncor's DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the City is authorized to participate with OCSC in Commission Docket No. 51996. SECTION 2. That, subject to the right to terminate employment at any time, the City of Southlake hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal Oncor's DCRF application. SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the City limits should be denied. SECTION 4. That the Company should continue to charge its existing rates to customers within the City. SECTION 5. That the City's reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution, and within 30 days of presenting monthly bills to Oncor thereafter. SECTION 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 7. That a copy of this Resolution shall be sent to J. Michael Sherburne, Vice President — Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 7520; and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767- 1725, or tbrocato@lglawfirm.com. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MAY, 2021. ATTEST: Amy Shelley, TRMC City Secretary John Huffman, Mayor APPROVED AS TO FORM: City Attorney