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PUCT Staff It Is Only Entity That May Seek To Revoke A REP’s Certificate
Staff of the Public Utility Commission of Texas (PUCT) argue that only PUC Staff may petition the PUC for the revocation of a retail electric provider’s certificate.
As previously reported, Oncor has petitioned the PUC to revoke the certificate of two REPs — OnPoint Energy Texas, LLC and Declaration Energy LLC — for each’s alleged failure to pay TDU charges. Oncor filed the revocation petitions after Staff did not make any such revocation petition, with Staff only recommending that each REP’s certificate relinquishment filings be granted. Oncor is generally seeking revocation of the REPs’ certificates in order to draw upon any of the REPs’ security held by the PUC.
An ALJ had directed parties to provide briefing on whether a petition for revocation of a REP certificate may be initiated by any party other than PUC Staff. As of publication time, only Staff’s brief in the OnPoint Energy proceeding was available, but the standing issue presented by each case are the same.
In its brief, Staff said that the current REP certification rules are silent as to who may initiate a revocation proceeding.
Staff argued that PURA § 39.356(a) provides that the determination on whether revocation or suspension of a REP is proper, “remains the purview of Commission Staff.” PURA § 39.356(a) provides that the “commission” may suspend or revoke a REP’s certificate for significant violations or the lack of financial or technical capability, but this statutory provision does not explicitly mention Commission Staff.
Staff said that while a prior version of the REP certification rule provided that PUC Staff or “any affected person” could bring a complaint seeking revocation against a REP, this language was deleted under a previous rule revision.
“Commission Staff contends the omission of language allowing an affected person to bring forward a petition to revoke a REP’s certificate in the current rule (16 TAC § 25.107(k)) is purposeful and suggests an intent to restrict the initiation of such proceedings to Commission Staff.”
Staff said that Oncor lacks standing to petition the PUC to revoke the REP certificate of OnPoint Energy Texas, LLC, and said that Oncor’s revocation petition should be dismissed.
Commission Staff’s Brief In Response To Order No. 1 (08/21/2024)
Application Of Oncor To Revoke REP Certificate Of OnPoint Energy Texas, LLC (08/02/2024)
56910 (08/02/2024)
Application Of Oncor Electric Delivery Company LLC To Revoke The Retail Electric Provider Certificate Of OnPoint Energy Texas, LLC
