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REP Agrees To $10,000 Penalty For EOP Violations

Dockets: 59110

Texas Commission Staff recommends, and EIF Channelview agrees to pay, a total administrative penalty of $10,000 in resolution of the violations of Emergency Operations Plan (EOP) and annual EOP updates.

Excerpts from Settlement:

“The Staff of the Public Utility Commission of Texas (Commission Staff) and EIF Channelview Retail Energy, LLC (EIF Channelview) (collectively, Parties) enter into this settlement agreement and file this joint report to the Commission. The agreement resolves and concludes Commission Staff’ s investigation of EIF Channelview for violations of 16 Texas Administrative Code (TAC) §§ 25.53(c)(1) and (c)(3), related to filing required Emergency Operations Plan (EOP) and annual EOP updates.”

Settlement Terms 

Violations of 16 TAC # 25.53(c)(1) 

  1. EIF Channelview was required to file a copy of its EOP and an executive summary in Project No. 53385 in accordance with 16 TAC § 25.53(c)(1) no later than April 18, 2022.
  2. EIF Channelview violated 16 TAC § 25.53(c)(1) when it failed to timely file a copy of its EOP and executive summary in Project No. 53385 by the April 18, 2022, deadline. 
  3. These violations continued and were repeated on each day between April 18, 2022, and February 24,2025, until EIF Channelview filed its initial EOP and executive summary in Project No. 53385 on February 25,2025. 
  4. In total, EIF Channelview violated 16 TAC § 25.53(c)(1) for 1,044 consecutive days.

Violations of 16 TAC # 25.53(c)(3) 

  1. EIF Channelview was required to file either an updated EOP or an affidavit in accordance with 16 TAC § 25.53(c)(3) for calendar year 2022 by March 15, 2023. 
  2. EIF Channelview violated 16 TAC § 25.53(c)(3) when it failed to timely file its updated EOP or an affidavit for calendar year 2022 in Project No. 53385 by the March 15, 2023, deadline. 
  3. EIF Channelview was required to file either an updated EOP or an affidavit in accordance with 16 TAC § 25.53(c)(3) for calendar year 2023 by March 15, 2024. 
  4. EIF Channelview violated 16 TAC § 25.53(c)(3) when it failed to timely file its updated EOP or an affidavit for calendar year 2023 in Project No. 53385 by the March 15, 2024, deadline.

Explanation and Corrective Actions 

  1. EIF Channelview participates in a joint emergency operations plan with EIF Channelview Cogeneration, LLC; however, the initial EOP for EIF Channelview Cogeneration, LLC did not reference EIF Channelview’ s joint participation in that EOP. EIF Channelview complied with 16 TAC § 25.53(c)(1) when it filed its initial EOP, required updates and executive summary on February 25,2025. 
  2. In order to ensure continuing compliance with 16 TAC § 25.53(c)(3), EIF Channelview will jointly file its required annual update of its EOP with its affiliate, EIF Channelview Cogeneration LLC.

Settlement Agreement And Report To The Commission   (12/17/2025)
Docket 59110
(Settlement Agreement And Report To Commission Regarding Channelview Retail Energy, LLC’s Violations Of 16 Texas Administrative Code §§ 25.53(C)(1) And (C)(3), Related To Filing Emergency Operations Plans And Annual EOP Updates Or Affidavits)