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PUC Staff Seeks to Dismiss Member-Only Cooperative Certificate Filing
Staff of the Texas PUC filed a motion to dismiss regarding a formal request from Roshan Energy seeking a finding from the PUC that Roshan, operating only as a Chapter 161 member-only cooperative, is not required to obtain a CCN or a REP certificate in order to serve its voluntary members with retail electric supply service, with such members located within the boundaries of TDU service areas which have retail electric customer choice.
In its motion to dismiss Staff said, “Commission Staff further notes that Roshan Energy is not represented by legal counsel, and because the undersigned counsel [for Staff] represents Commission Staff and not Roshan Energy, the undersigned counsel is legally and ethically prohibited from advising Roshan Energy on how to pursue registration with the Electric Reliability Council of Texas (ERCOT). Because Roshan Energy is seeking an advisory opinion from the Commission, or legal advice from Commission Staff and/or the assigned ALJ, dismissal is appropriate under 16 TAC § 22.181(d)(8).”
Staff recommended that Roshan Energy’s petition be dismissed for failure to state a claim upon which relief can be granted.
In the alternative, Staff recommended that the petition be found administratively incomplete, “as it does not specify relief that the Commission is authorized to grant.”
