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ALJ Recommends Dismissing One Of The Last Remaining Post-Uri Complaints Against Texas REP, Which Had Potential Precedential Impacts
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A Texas ALJ has recommended dismissing, without prejudice, a post-Uri complaint filed by 13111 Westheimer, LLC (an office building) against MidAmerican Energy Services, LLC for the complainant's failure to
prosecute the case (docket 52969)
As previously reported, 13111 Westheimer was one of several customers that had filed complaints and other actions against MidAmerican Energy Services in the wake of Uri, alleging that supplemental ancillary service charges billed by MidAmerican Energy Services were in contravention of the fixed priced agreements
See background on the complaint here
13111 Westheimer did not file direct testimony as required under a procedural schedule and did not file a response to a motion to dismiss from MidAmerican Energy Services. The last filing from 13111 Westheimer appears to have been a proposed list of issues filed in March 2022
If the ALJ's proposal for decision, which would dismiss the 13111 Westheimer complaint without prejudice, is adopted, the only remaining post-Uri complaint proceeding pending at the PUC against MidAmerican Energy Services would be a complaint filed by Tuesday Morning Inc. (docket 52300). The Tuesday Morning case has been abated due to Tuesday Morning's bankruptcy proceedings, which was recently converted to a Chapter 7 proceeding
Although the Texas PUC has generically addressed (prospectively) certain issues raised in the complaints (notably changing the definition of fixed rate), there had been other issues raised by the complaints which have not been resolved or made moot by recent rule changes, such as what constitutes a change in law or regulation (including protocols), for purposes of a fixed rate or otherwise, and issues surrounding the waiver of customer protection for customers over 50 kW. With all of such complaints reaching settlement (as previously reported) or otherwise being disposed of, it appears such questions may not be addressed by the PUC in the forum of a complaint case
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August 1, 2023
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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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