CM-09-04-061Alfred Herrera
Jim Boyle'
816 Congress Ave.
Suite. 1120
Austin,'rexas 78701
512-474-1492 (p)
512-474-2507 (f)
198 Long Trail
srnithville,
Texas 78957
512-585-1492 (p)
512-474-2507 (f)
HERRERA • BOYLE,r.tc
Mr. Jim Nuse
City Manager
City of Round Rock
221 E. Main Avenue
Round Rock, Texas 78664-5271
4Pk h / 70/2U
Re: Letter of Engagement of Herrera & Boyle, PLLC
Dear Mr. Nuse:
On behalf of the Alliance of TXU/Oncor Cities ("ATOC") the law firm of
Herrera & Boyle, PLLC has been retained to represent the cities who are members
of that coalition in connection with PUC Docket No. 36358 at the Public Utility
Commission ("Commission"). At issue in that proceeding is the continuation of
traditional cost of service regulation with regard to establishment of reasonable
rates for electric utilities like Oncor Electric Delivery Company.
ATOC has instructed Herrera & Boyle, PLLC to prepare briefs, conduct
meetings with Staff and Commissioners with regard to ATOC's opposition to new
abbreviated forms of rate regulation. As a member of the coalition the City of
Round Rock's pro rata share is $5,176.73.
With the legislature currently in session, the Commission has abated
Docket No. 36358. Electric utilities have now turned their attention to the
Legislature to try and accomplish what they were seeking to accomplish at the
Commission; namely, the substitution of abbreviated forms of rate review for
traditional cost of service regulation. In light of these developments, ATOC has
decided to concentrate its efforts at the legislature in order to oppose the adoption
of alternate ratemaking schemes being pushed by electric utilities.
The original assessment is not being increased as a result of ATOC's
activities at the legislature.
1- I
'Board Certified, Administrative Law, Texas Board of Legal Specialization.
Please feel free to contact me if you have any questions about this engagement or the
assessment of $5,716.73.
Sinterely yours,
Accepted:
Ja'tn:s R. Nuse, P.6.
Cit anager
City of Round Rock, Texas
DATE: April 6, 2009
SUBJECT: City Manager Approval — April 10, 2009
ITEM: Consider a executing a Letter of Engagement with Herrera & Boyle for
representation in the ATOC (Alliance of TXU/Oncor Cities).
Department:
Staff Person:
Justification:
Administration
David Kautz, Assistant City Manager/CFO
Herrera & Boyle, PLLC has been retained to represent the cities of the ATOC in connection with
PUD Docket No. 36358 at the Public Utility Commission. The ATOC has instructed Herrera &
Boyle, PLLC to prepare briefs, conduct meetings with Staff and Commissioners with regard to
ATOC's opposition to new abbreviated forms of rate regulation. As a member of the coalition,
the City's pro rata share is $5176.73. This Letter of Engagement authorizes the City to pay
Herrera & Boyle for their share.
Funding:
Cost: $5176.73
Source of funds:
Outside Resources: N/A
Background: N/A
Public Comment: N/A