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Reassigned ALJ Modifies Order Requiring REP To Reconnect Customer
A reassigned Texas Public Utilities Commission Administrative Law Judge (ALJ) issued an Order No. 2 -Modifying Order No. 1 And Removing Requirement For Continuation Of Service reversing a previous order directing BKV-BPP Retail LLC to reconnect service to a residential customer who filed a formal complaint against the retail electric provider or REP. In this second order the resigned ALJ relieved BKV-BPP from the requirement for reconnection and continuation of service.
From the Order:
“On December 23,2025, this case was reassigned to the undersigned Administrative Law Judge (ALJ). In reviewing the file, the ALJ has determined that Order No. 1 should be modified as set out in this order. Order No. 1 was issued on December 16,2025. Among other things, Order No. 1 required BKV-BPP Retail LLC to reconnect electric service, and continue providing such service, to complainant Billy Sorrells during the pendency of this proceeding. On December 19, 2025, BKVBPP Retail appealed Order No. 1 under 16 Texas Administrative Code (TAC) § 22.123(a). Under that rule, the ALJ may treat the appeal as a motion for reconsideration. 1 After affording such reconsideration, the ALJ finds it appropriate to modify Order No. 1 to remove the requirement for reconnection and continuation of service.”
“Under 16 TAC § 22.242(h), “[in any case in which a formal complaint has been filed and an allegation is made that a person is threatening to discontinue a customer’ s service, the presiding officer may, after notice and opportunity for hearing, issue an order requiring the person to continue to provide service during the processing of the complaint.” In this case, service was disconnected prior to the complaint being filed, and part of the relief sought by Mr. Sorrells in his complaint was the “reconnection” of service. Thus, it does not appear that there is existing service that has been threatened to be discontinued.”
“Regardless, the rule also requires that “notice and opportunity for hearing” be given before an order may be issued requiring continuation of service. Such has not occurred in this case. Therefore, because the necessary prerequisites under 16 TAC § 22.242(h) have not been demonstrated, the ALJ finds it appropriate to modify Order No. 1 and remove the requirement for reconnection and continuation of service. BKV-BPP Retail is hereby relieved of such requirement from Order No. 1.”
59122
(Complaint Of Billy Sorrells Against BKV-BPP Retail LLC)
