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Texas Retail Provider Seeks Waiver Of Rule Requiring REPs To Avoid 24 Months Of Inactivity
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Clearview Power, Inc. requested a good cause waiver of a Texas PUC rule that essentially requires retail electric providers to serve a customer at least once in a 24 month period in order for such REP to maintain its REP certificate
As previously reported by EnergyChoiceMatters.com, Clearview Power has not served Texas customers since approximately December 2022. Clearview in June of this year filed an application to relinquish its Texas REP certificate, but recently withdrew its relinquishment request, stating that Clearview has reassessed its business plan for the Texas market
As part of the consideration of Clearview's motion to withdraw the relinquishment filing, Clearview sought a good cause waiver of Subst. R. § 25.107(k)(14), which is a provision of the PUC's REP licensing rules which essentially prohibits the maintenance of a REP certificate by an inactive REP
Subst. R. § 25.107(k)(14) provides that it is a "significant violation" of the Texas retail market rules if a REP ceases to provide retail electric service for a period of 24 months
While the rules define a REP that is inactive for at least 24 months as having committed a significant violation of the rules, the certification rules do not provide any automatic penalty for such violation. Rather, the rules provide that the PUC "may" revoke a REP's certificate for a "significant violation" of the rules, with the above-noted inactivity defined as a significant violation. In other words, while the rules do not favor such REP inactivity and defines such circumstance as a significant violation, the ultimate disposition of any REP certificate holder with such inactivity is subject to the Commission's discretion
Based on the date of its last activity in the Texas market, Clearview must serve customers by January 3, 2025 in order to not be considered inactive for 24 months
Clearview cited changes in ERCOT EDI protocols since the time that Clearview last served Texas customers as prompting the need for a temporary waiver of § 25.107(k)(14), due to the need for Clearview to re-test with ERCOT
Clearview sought a waiver of § 25.107(k)(14) for a period of 90 days after January 3, 2025, which Clearview said would allow Clearview to complete ERCOT's next EDI flight testing period.
Clearview sought the waiver under 16 TAC §22.5(b) which allows the PUC to issue good cause exceptions to PUC rules
Clearview said that it, "would like to resume providing service [under its Texas REP certificate] as soon as practicable."
Docket 56707
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September 11, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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