Texas PUC ALJ Issues Order Requiring Forms Of Notice Retail Providers Must Provide Concerning A/S Fixed Price Adjustment Petition

January 26, 2024

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

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The Chief ALJ of the Texas PUC has issued an order concerning the notice that retail electric providers must provide concerning the petition of ARM and TEAM for the PUC to designate new ERCOT Contingency Reserve Service (ECRS) costs as an, "ancillary service product as incurring charges beyond the REP’s control for a customer’s existing contract".

Such a designation would allow REPs to apply a one-time price adjustment to a fixed rate contract that was executed before the implementation of this new ancillary service

The ALJ's order would not require REPs to mail any notices to customers, but would require posting on REP websites and in a generally circulating newspaper in each county an affected fixed rate is offered, among other notices

Specifically, the ALJ ruled that notice shall be provided as follows:

• Notice will be published one time in the Texas Register. By March 1, 2024, the parties must file the agreed upon text of the notice. The Commission’s Docket Management office will then cause the notice to be published in the Texas Register.

• The parties must work cooperatively with ERCOT to ensure that ERCOT will publish the Market Notice to all load serving entities (LSEs) and qualified scheduling entities (QSEs) -- using the form filed by TEAM and ARM on January 24, 2024 -- by March 1, 2024.

• TEAM and ARM must publish notice of the application at least once a week for two consecutive weeks in a newspaper of general circulation in each county in which a fixed rate product affected by the petition is offered. Such publication must be completed by March 8, 2024.

• TEAM and ARM must identify, by February 16, 2024, all of their member retail electric providers (REPs) that offer a fixed rate product affected by the petition.

• TEAM and ARM must post and maintain notice of the application on any websites they may have, commencing by March 1, 2024.

• Each REP that is a member of TEAM or ARM and that offers a fixed rate product affected by the petition must post and maintain notice of the application on its website, commencing by March 1, 2024.

• TEAM and ARM must provide proof of notice, including the notice required of their REP members, by March 22, 2024.

• By April 5, 2024, Commission Staff must file a recommendation on the sufficiency of notice and propose a schedule for further processing.

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