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Update On Enron Energy Texas REP Application
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While EnergyChoiceMatters.com typically does not cover routine or administrative developments in retail supplier licensing proceedings, because of intense reader interest in the Texas REP application of Enron Energy Texas LLC, ECM provides the following update for those counting the days since the initial application.
Except where good cause is shown to extend consideration, the Texas REP certification rules require the PUC to issue an order approving, rejecting, or approving with modifications a REP application within 90 days of a finding that the application is sufficient for review.
Under the rules, a sufficiency finding may take up to 30 days from the date of the initial application. As such, barring any supplemental materials which may be required for a finding of sufficiency, a REP application decision is expected within 120 days of the initial application, barring good cause for additional time
As was first reported by EnergyChoiceMatters.com, Enron Energy Texas LLC's application was filed on January 14. As such, market observers counting based on a premise that the initial application would be deemed sufficient for review would expect an order no later than May 14, 2025
However, Enron Energy Texas LLC and PUC Staff have agreed to two extensions for Enron to provide supplemental materials prior to a ruling on whether the application is sufficient for review. The second extension would provide Staff until March 27, 2025, to provide a recommendation on the application's sufficiency (i.e. whether all necessary materials have been filed, NOT a recommendation on the merits of the application)
Enron Energy Texas has stated that additional time is needed to obtain a letter of credit in the form prescribed by the Commission, as several financial institutions have been stated to not issue such in the Commission’s prescribed form
Enron Energy Texas had stated in a Feb. 19 pleading that, "Enron has notified Staff that although Enron has been actively engaged in discussions with several financial institutions regarding a letter of credit, those financial institutions will not issue a letter of credit in the Commission’s prescribed form. Enron is in the process of identifying a new financial institution and will supplement its application."
Enron Energy Texas has now further stated in a March 4 pleading that, "Specifically, Enron has notified Staff that although Enron has continued to actively engage in discussions with several financial institutions regarding a letter of credit, those financial institutions will not issue a letter of credit in the Commission's prescribed form. Enron continues to seek a new financial institution and will supplement its application."
Although specific issues may be unclear in each instance given the matters are filed under seal, it is not unusual in REP application proceedings for a REP applicant to request and receive more time to file a form of security in the manner prescribed by the Commission, including instances in which Staff may raise concerns with the security's language as filed, etc.
Docket 57544
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March 4, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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