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ALJ Seeks Staff’s Recommendation Re: Clearview Power’s Waiver Request Of Rule Requiring REPs To Serve At Least One Customer Within 24 Month Period
September 13, 2024 – Order 6 – Requiring Staff Recommendation:
{***} “This Order addresses Clearview Power, Inc.’ s response to Order No. 5 and request for waiver filed on September 11, 2024. Clearview Power requested a good cause exception to 16 Texas Administrative Code (TAC) § 25.107(k)(14), regarding failure to provide retail electric service to a customer or customers within 24 months of the certificate being granted by the Commission or ceasing to provide retail electric service for a period of 24 months.
“The administrative law judge notes that while Clearview Power requested the good cause exception under 16 TAC § 22.5(b), the correct rule to request a good cause exception in Chapter 25 is 16 TAC § 25.3(b).” [Emphasis added.]
On or before September 26,2024, Commission Staff must file a recommendation regarding Clearview Power’ s good cause exception request.” [Emphasis added.] {***}
Clearview Energy’s Response to Order No. 5 and Request for Waiver:
{***} “Clearview Power, Inc. (“Clearview”) would like to resume providing service as soon as practicable, but it would need to complete Electric Data Interchange (EDI) testing under ERCOT’s new format before it would be eligible to submit new orders with ERCOT.
16 Tex. Admin. Code § 25.107(k)(14) states that it is a significant violation for a licensed REP to fail to provide service for a period of 24 months. As ERCOT changed its EDI protocol during Clearview’s inactivity in the market, Clearview would ask for a suspension of § 25.107(k)(14) as it pertains to Clearview for a period of 90 days past January 3,2025, to allow Clearview to complete ERCOT’s next EDI flight testing period. Clearview would ask for this good cause exception pursuant to 16 TAC §22.5(b). {***}
September 6, 2024 – Order No. 5 Requiring Clarification:
{***}. “This Order addresses the June 12,2024, application of Clearview Power, Inc. to relinquish its Option 1 retail electric provider (REP) certificate number 10129. On September 4, 2024, Commission Staff filed their recommendation on final disposition, recommending that the application be approved. On September 5,2024, Clearview Power filed a motion to withdraw the application.
On or before September 20, 2024, Clearview Power must clarify whether it intends to provide retail electric service to customers in Texas by January 3,2025, as required by 16 Texas Administrative Code (TAC) § 25.107(k)(14).” {***}
Order No. 6 – Requiring Commission Staff Recommendation. (09/11/2024)
Response to Order No. 5 and Request for Waiver . (09/11/2024)
Order No. 5 – Requiring Clarification (9/6/2024)
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Application Of Clearview Power, Inc. To Relinquish Its Retail Electric Provider Certificate
