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Texas REP Won't Be Serving Customers For 150 Days
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In requesting that the Texas PUC remove Texpo Power, L.P. from the non-volunteer POLR (LSP) list for the remainder of the 2023-24 POLR term pursuant to 16 TAC § 25.43(j)(5), Texpo said that it will not provide retail service, and will not have any customers with ESI IDs, for the next 150 days.
As previously reported, Texpo sold its book to NRG. Texpo has maintained its REP certificate.
Given that it sold the entirety of its book, Texpo sought to be relieved of its prior designation as an LSP for various customer classes and service areas, stating that it did not meet the eligibility criteria to serve as an LSP as a result of the book sale
As previously reported, the PUC denied such sought relief through an administrative update to the POLR list, suggesting instead that Texpo may be eligible for such relief through a formal petition under various provisions of the POLR rule
Texpo has now filed such formal petition
In the petition, Texpo said, "Texpo provided the letter and supporting affidavit attached hereto as Attachment A on August 17, 2023 attesting that it no longer is providing retail service and does not have any customers with ESI IDs, which will be the case for the next 150 days. An affidavit is sufficient proof to determine ineligibility under 16 TAC § 25.43(h)(2). Since October 2022, Texpo has sold and assigned all its Texas customer contracts. Therefore, while Texpo was eligible for designation as a POLR when the NOA [notice of approval] was issued, Texpo would no longer be eligible for this designation today."
Texpo said, "Texpo’s business has experienced major changes that may, albeit temporarily, affect its ability to operate as a potential POLR, especially for the next 150 days. As Texpo’s financial situation develops, there is concern about its ability to uphold its responsibility as a potential POLR until a new NOA is issued in fall of 2024 for the 2025-2026 term. For the next 150 days, Texpo may be unable to maintain its financial integrity if additional customers are transferred to it upon the designation of POLR status."
16 TAC § 25.43(j)(5) provides that, upon a request from an LSP and a showing that the LSP will be unable to maintain its financial integrity if additional customers are transferred to it under this section, the Commission may relieve an LSP from a transfer of additional customers. In the event the requesting LSP is relieved of its responsibility, the Commission staff designee will, with 90 days' notice, designate the next eligible REP, if any, as an LSP, based upon the criteria in the rule.
Docket 55965
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December 11, 2023
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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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