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September  16, 2011
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PUCT Confirms Ability to Review Use of Shared Name by REP, TDU

The PUCT adopted, without modification to a filed draft, a preliminary order in the proceeding addressing AEP Texas Commercial & Industrial Retail Limited Partnership's application for a REP certificate amendment to serve customers under 1 MW. The preliminary order finds that the Commission is authorized under PURA to examine whether the shared use of the AEP trade name by a REP and TDU is consistent with the certification standards (including the requirement that trade names not be misleading or deceptive), and rejects AEP Texas Commercial & Industrial Retail Limited Partnership's argument that PURA 39.157(d)(5), which addresses the shared use of a trade name by a TDU and REP prior to September 1, 2005, is dispositive in allowing the shared use of the AEP name. See 9/9 story for additional detail on the draft order, which was adopted without modification

PUCT Adopts Final DCRF Rule

The PUCT approved without modification to the provisions of interest to REPs a proposal for adoption implementing a Distribution Cost Recovery Factor. The DCRF will allow TDUs to change the distribution costs charged to REPs outside of base rate cases. The adopted order maintains the requirement for system-wide implementation of a revised DCRF on September 1, with 45 days notice to REPs, thereby aligning the new DCRF rate with new TCRFs applicable to REPs. Additional detail on the proposal for adoption, which was approved without substantive modification, is available in our 9/9 story.

N.Y. PSC Authorizes Additional Customer-Sited RPS Funding

The New York PSC authorized NYSERDA to distribute to eligible customers $35.5 million in Renewable Portfolio Standard (RPS) customer-sited tier program funds for additional projects for 2011. The PSC also authorized NYSERDA to set aside $900,000 to fund a solar thermal awareness and outreach campaign through 2013. The Commission will also allow NYSERDA to exceed the $2 million cumulative monthly cap on incentive payments in the solar photovoltaic category by $8.9 million (03-E-0188).

 

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