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PUCT Staff Recommend Hearing on AEP Retail Energy Amendment Application

August 1, 2011
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PUCT Staff have recommended that the application for a REP certificate amendment of AEP Texas Commercial & Industrial Retail Limited Partnership be set for hearing (39509).

As only noted by Matters, AEP Texas Commercial & Industrial Retail Limited Partnership, which also markets as AEP Retail Energy and AEP Plus, is seeking a REP certificate amendment to serve retail customers in ERCOT with demands less than 1 MW. The application has been protested by several REPs, who have argued that allowing a REP to compete in the mass market with "AEP" as part of its name will confuse customers (7/26).

"Absent a settlement among the parties, there are significant factual disputes that need to be resolved in order for the Commission to issue a final order in this docket," Staff said in recommending a hearing.

Furthermore, "[b]ecuase of the implications of this docket on the competitive retail electric market, the Commissioners may want to conduct the hearing," rather than referring the case to the State Office of Administrative Hearings, Staff said.

Regardless of whether the Commission elects to hear the case itself or refer it to SOAH, Staff said that, "there may be threshold legal and policy issues that the Commission may want to determine before the hearing."

Because of the need for hearing, Staff said that there is good cause to extend the standard 90-day review period for REP certificate applications.

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