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Texas PUC ALJs Seek Briefing On Whether Parties Other Than PUC Staff Can Petition For Revocation Of A REP's Certificate

August 6, 2024

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

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Two ALJs at the Public Utility Commission of Texas have sought briefing on the question of what parties may petition the PUC for the revocation of a retail electric provider's REP certificate

The ALJs' briefing orders were issued in two separate proceedings in which Oncor has sought to revoke the REP certificates of OnPoint Energy Texas, LLC, and Declaration Energy LLC, for each REP's alleged failure to pay Oncor outstanding amounts due for delivery service. See our prior story for full details

The ALJs sought briefing on whether a REP revocation petition may only be initiated by PUC Staff, or whether other entities may initiate such a proceeding

The ALJs observed that PURA § 39.356 states

"The commission may suspend, revoke, or amend a retail electric provider’s certificate for significant violations of this title or the rules adopted under this title or of any reliability standard adopted by an independent organization certified by the commission to ensure the reliability of a power region’s electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization. The commission may also suspend or revoke a retail electric provider’s certificate if the provider no longer has the financial or technical capability to provide continuous and reliable electric service."

The PUC's rules, at 16 TAC § 25.107(k), state:

"A certificate granted under this section may be revoked for a significant violation of PURA, commission substantive rules, or protocols adopted by the applicable independent organization."

The ALJs also sought briefing on whether the OnPoint Energy (Docket 56910) and Declaration Energy (Docket 56912) cases should be consolidated

In a separate proceeding, the PUC granted Declaration Energy an amendment to its REP certificate to remove the trade name "Energy Texas" from Declaration Energy's REP certificate

As previously reported, Rhythm Ops, LLC entered into a brand assets acquisition with Declaration Energy under which Rhythm acquired the "Energy Texas" name and associated assets and rights. Rhythm has applied for an amendment to its own REP certificate to begin using the trade name Energy Texas

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