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Texas PUC Staff Ready Petition For Declaratory Order Interpreting Fixed Price Rule

January 30, 2024

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

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Staff of the Texas PUC have submitted a request for a Control number (Docket number) for the following:

Commission Staff’s Petition For A Declaratory Order Interpreting 16 TAC § 25.475(b)(5)

Docket 56168 has been assigned to the matter

Staff's petition had not yet been filed as of publication time

16 TAC § 25.475(b)(5) provides:

"Fixed rate product -- A retail electric product with a term of at least three months for which the price (including all recurring charges and ancillary service charges) for each billing period of the contract term is the same throughout the contract term, except that the price may vary from the disclosed amount solely to reflect actual changes in TDU charges, changes to the Electric Reliability Council of Texas (ERCOT) or Texas Regional Entity, Inc. administrative fees charged to loads or changes resulting from federal, state or local laws that impose new or modified fees or costs on a REP that are beyond the REP’s control. The price may not vary from the disclosed amount to reflect changes in ancillary service charges unless the commission expressly designates a specific type of ancillary service product as incurring charges beyond the REP’s control for a customer’s existing contract"

Although the nature of Staff's forthcoming petition was not clear, as previously reported, REPs have sought an order from the PUC to designate the 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".

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