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TPUC ALJs Request Briefs On Whether Parties Other Than PUC Staff Can Petition For Revocation Of A REP’s Certificate

Dockets: 56910 ,56912
Category: Uncategorized

At Public Utility Commission of Texas (TPUC) -in two separate proceedings – two Administrative Law Judges (ALJs) issue orders seeking briefs on whether parties other than PUC Staff may petition the Commission to revoke a retail electric provider’s (REP’s) certificate.

The ALJs’ briefing orders were issued in response to an Oncor petition seeking to revoke the REP certificates of OnPoint Energy Texas, LLC, and Declaration Energy LLC, for the REP’s alleged failure to pay Oncor outstanding amounts due for delivery service. 

Specifically, the ALJs orders seek whether:

“The commission may suspend, revoke, or amend a retail electric provider’s certificate for significant violations of this title, or the rules adopted under this title or of any reliability standard adopted by an independent organization certified by the commission to ensure the reliability of a power region’s electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization. The commission may also suspend or revoke a retail electric provider’s certificate if the provider no longer has the financial or technical capability to provide continuous and reliable electric service.”

The PUC’s rules, at 16 TAC § 25.107(k), state:

“A certificate granted under this section may be revoked for a significant violation of PURA, commission substantive rules, or protocols adopted by the applicable independent organization.”

The ALJs also sought briefing on whether the OnPoint Energy (Docket 56910) and Declaration Energy (Docket 56912) cases should be consolidated.

In a separate proceeding, the PUC granted Declaration Energy an amendment to its REP certificate to remove the trade name “Energy Texas” from Declaration Energy’s REP certificate

As further background, Rhythm Ops, LLC entered a brand assets acquisition with Declaration Energy under which Rhythm acquired the “Energy Texas” name and associated assets and rights. Rhythm has applied for an amendment to its own REP certificate to begin using the trade name Energy Texas. 

Order No. 1 – Requiring Briefing (08/06/2024)
Oncor Petition (08/02/2024)
56910  
Application Of Oncor Electric Delivery Company LLC To Revoke The Retail Electric Provider Certificate Of OnPoint Energy Texas, LLC
Order No. 1 – Requiring Briefing (08/06/2024)
Oncor Petition (08/02/2024)
56912  (08/02/2024)
Application Of Oncor Electric Delivery Company LLC To Revoke The Retail Electric Provider Certificate Of Declaration Energy LLC