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Retail Supplier Seeks Waiver Of Requirement In License Application
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Energy Transfer Retail Power, LLC, as part of its renewal of its Ohio retail electric supplier license, requested from PUCO a waiver of the requirement, as stated in the Ohio application for retail power marketers and retail electric generation providers, to provide a FERC power marketer license.
The Ohio application requires retail power marketer and retail electric generation provider applicants to provide the FERC docket granting the applicant "power marketer authority" [sic].
Energy Transfer Retail Power, LLC (ETRP) was first certified as a retail electric supplier in Ohio in 2017. ETRP said that it has been supplying electricity to end use affiliated, industrial customers in the retail market in Ohio since December 20, 2017. ETRP only provides retail electric supply service to affiliates
ETRP said that it, "does not participate in wholesale markets in Ohio," and said that, "ETRP is solely engaged in retail sales of energy."
ETRP said that it does not hold, and has never held, a FERC power marketer license.
ETRP said that it was initially approved by PUCO as an Ohio retail electric supplier without having obtained, or providing to PUCO, a FERC power marketer license, with such Ohio retail certification renewed several times
ETRP said in its request for a waiver that PUCO Staff advised that its most recent renewal application was, as phrased by ETRP, "missing" Exhibit D-3, FERC Power Marketer Number
"Good cause for waiver of this renewal certification application requirement exists here because there is no reason to require ETRP to have a license that is unrelated and unnecessary to ETRP’s capabilities to continue making retail sales of electricity to its industrial affiliates in Ohio. ETRP does not engage in wholesale sales of electricity, so it is not required to have a FERC power marketer license and does not in fact have a FERC power marketer license. ETRP has demonstrated to the Commission satisfactory technical and managerial capability through its provision of service without complaint over the past approximately seven years," ETRP said
The text of PUCO's rules do not require submission of a FERC power marketer license (or other demonstration of FERC market-based rate authority)
The rules require applicants to submit an application on a form provided by PUCO. The current application form developed by PUCO requires the FERC power marketer license information for retail supplier applicants
In ETRP's most recent renewal from 2022, which was granted, ETRP had stated in the FERC power marketer license section, "Energy Transfer Retail Power does not have power marketer authority. Energy Transfer Retail
Power purchases power from the market and only serves its affiliates."
In a 2019 renewal, ETRP left the relevant FERC power marketer license section blank
In its 2017 initial application, it does not appear ETRP included an exhibit related to the application form's request for a FERC Power Marketer License Number
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July 3, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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