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Texas PUC Reminds Retail Providers Of Obligation To Offer Deferred Payment Plans, In Exercising Enforcement Discretion On TDU Discretionary Service Orders Due To Hurricane Beryl

July 10, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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In advising electric utilities that Texas PUC Staff will exercise enforcement discretion with respect to several TDU obligations so that utilities may prioritize service restoration after Hurricane Beryl, the Executive Director of the Texas PUC also reminded retail electric providers of their obligations related to the offering of deferred payment plans

In a memo issued by the PUC's Executive Director, the Executive Director advised that REPs, "are reminded of their obligation to offer deferred payment plans upon request of the customer."

The memo from the Executive Director did not further specify such obligation of REPs

The substantive rules provide that, "As directed by the commission, during a state of disaster declared by the governor pursuant to Texas Government Code §418.014, a REP shall offer a deferred payment plan to customers, upon request, in the area covered by the declaration."

The rules also provide that a REP shall offer a deferred payment plan to customers, upon request, for bills that become due during an extreme weather emergency, as defined by the rule

Commission Staff also advised REPs to review systems to ensure automated disconnection for nonpayment orders are not sent inappropriately

The Executive Director said that utilities should prioritize service orders related to utility restoration, outages, reconnection, and deenergized move-ins as needed.

PUC Staff advised electric utilities operating within the counties covered by the disaster declaration that Staff that will exercise enforcement discretion with respect to:

• 16 TAC § 25.214(d) and Sections 6.1.2.1, 6.1.3.1, and 6.1.4.1 of the Tariff for Retail Delivery Service, insofar as they require a utility to disconnect electric service for nonpayment within a certain timeframe of the requested date

• 16 TAC § 25.214(d) and Sections 4.3.2.1, 4.3.12.1, 5.3.1.1, 6.1.3.1, and 6.1.4.1 of the Tariff for Retail Delivery Service, insofar as they would require a utility to perform certain requests related to new services by a service date

• 16 TAC § 25.214(d) and Sections 6.1.2.1, 6.1.3.1, and 6.1.4.1 of the Tariff for Retail Delivery Service, insofar as they would require a utility to complete a move-in, move-out, or priority move-in on the date requested

• 16 TAC § 25.214(d) and Sections 4.8.1.3 and 6.1.3.1 of the Tariff for Retail Delivery Service, insofar as they require a utility to re-read meters by a certain date

• 16 TAC § 25.214(d) and Section 4.7.4 of the Tariff for Retail Delivery Service, insofar as they require a utility to test meters no later than ten business days after the request is received

• 16 TAC § 25.214(d) and Section 5.7.3 of the Tariff for Retail Delivery Service, insofar as they require a utility to give an entity an estimated completion date and estimated cost if the service requires construction

The enforcement discretion will apply for activities occurring on July 8, 2024 through July 26, 2024, and may be extended based on conditions in the state at that time, the Executive Director said in the memo

The memo was filed in Project No. 56793

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