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PUCT Unabates Consideration of TexRep6 Certificate Standing
September 16, 2011
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The PUCT unabated a proceeding regarding TexRep6's REP certificate, directing docket management to prepare a proposed order, or, if appropriate, address the matter through delegated administrative approval (38732).
The PUCT's action comes after Staff reported that TexRep6, owned by Smartcom Energy Technologies, LLC, is in full compliance with the financial, technical, and managerial requirements for REP certification, including the financial provisions of Subst. R. 25.107 (9/14).
Though the Commission was not explicit yesterday, presumably the proposed order would allow TexRep6 to maintain its certificate, by revising a previously drafted proposed order (6/17) which would revoke the certificate for prior non-compliance by a May 2010 deadline.
While the Commissioners, at yesterday's open meeting, were not explicit as to adjudication, if they wished to revoke the certificate, it seems they would have simply unabated the case from the bench and approved the previously filed proposed order providing for revocation, rather than sending the case back to docket management). Additonally, at a prior open meeting, the Commission had been leaning, albeit with frustration, towards not revoking TexRep6's certificate if the company had indeed come into compliance with all provisions of the certification rules, which Staff has now verified.
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