Texas PUC Denies Removal Of Retail Provider, Which Sold Book, From Non-Volunteer POLR List Via Filed Mechanism

November 10, 2023

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Texas PUC's Chief ALJ has denied, through the means of a proposed PUC Staff filing to update the POLR list, the removal of Texpo Power LP from the non-volunteer provider of last resort (aka Large Service Provider) list for those service areas in which Texpo Power had previously been assigned a non-volunteer POLR responsibility for the 2023-24 POLR term

As previously reported, PUC Staff had stated that Staff was updating the Large Service Provider (LSP) list to remove Texpo Power as an LSP, because Texpo no longer meets the eligibility criteria used to designate an LSP at the beginning of a term (which is market share) due to a previously reported book sale. See our prior story here for details. While Texpo sold its book, it has maintained its REP certificate

The ALJ noted that, after the ALJ raised concerns regarding whether a REP's POLR obligation could be termination in such manner, "Commission Staff conceded that it is not appropriate for Texpo Power to seek a revision to the NOA [POLR list notice of approval] in this project."

The ALJ said, "Instead, Commission Staff recommended that Texpo Power be directed to, in a separate docket, utilize the process outlined in 16 Texas Administrative Code (TAC) § 25.43(j)(5) if it wishes to be relieved of its POLR obligations."

Essentially, Texpo Power may formally petition to be relieved of its remaining POLR obligation for good cause shown, but such relief may not be granted in the more ministerial fashion originally sought. As of publication time, it does not appear Texpo Power has filed any such formal petition for the relief

"As to Texpo Power, the request to revise the NOA in this project is denied. Texpo Power is free to pursue other avenues of relief, in a new docket, if it wishes to do so," the ALJ said

The ALJ also directed Staff to clarify the status of another ministerial update Staff had sought to make to the LSP list -- to reflect the change in name (and ownership) of the owner of REP Certificate No. 10153 to BP Energy Holding Company LLC, from EDF Energy Services LLC. There was no change in the REP assigned the POLR obligation in this instance, only a change in name and ownership, but the ALJ directed Staff to clarify whether there is still a need to address the name change, and whether such can be accomplished through a ministerial update to the LSP list versus a more formal action

Docket 53576

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