News Stories

• The Texas Energy Association for Marketers (TEAM) and Alliance for Retail Markets (ARM) (collectively, REP Coalition) respectfully files an appeal of portions of Interim Order No. 4 determining the form of notice to be provided in this proceeding.
• As reported previously, in connection with a petition from ARM and TEAM asking the PUC to designate new ERCOT Contingency Reserve Service (ECRS) costs as an, “ancillary service product as incurring charges beyond the REP’s control for a customer’s existing contract” and therefore sought Such a designation would allow REPs to apply a one-time price adjustment to a fixed rate contract that was executed before the implementation of this new ancillary service In response, a Texas PUC administrative law judge (ALJ) issued an order (among other things) requiring the REPs to publish notice in newspapers and post such notice on the individual REP’s website.   For more detail see story below.
• From the Executive Summary:
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• The REP Coalition supports the original notice recommendation of the Commission Staff in this proceeding to provide notice through Electric Reliability Council of Texas (ERCOT) market notice and Texas Register.2 The REP Coalition respectfully appeals the portions of Order No. 4 that would expand these notice requirements because:
• This case does not involve the Public Utility Commission of Texas (Commission) ruling on any retail price for electric service. Even if it did, the additional notice requirements of newspaper publication and individual REP website notice in Order No. 4 are not consistent with the existing mechanisms in the Commission’s rules for informing customers of adjustments to fixed price contract prices for changes beyond a retail electric provider’s (REP) control. 
• Order No. 4′ s expansion of the notice requirement to newspaper publication that is applicable to transmission and distribution utility (TDU) base rate case proceedings is not reasonable to apply in this case.
• Order No. 4 would impose additional website publication requirements on entities that are not parties to this proceeding. 
• Order No. 4′ s requirements are unprecedented for competitive entities and rate regulated entities and are not consistent with the Commission’ s rules. Notice through Electric Reliability Council of Texas (ERCOT) market notice and Texas Register notice is reasonable for the reasons discussed herein. [Emphasis added] {***}

• From the Conclusion:
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  The notice requirements in Order No. 4, particularly the provisions that place requirements on the individual members of ARM and TEAM and requires newspaper notice, reach far beyond “reasonable notice to affected persons” pursuant to 16 TAC § 22.55, which is the only notice provision governing this proceeding. Therefore, the REP Coalition’ s appeal of Order No. 4 should be granted. The REP Coalition respectfully urges the Commission to overrule the portions of Order No. 4 requiring notice beyond the publication in the Texas Register and a Market Notice sent by ERCOT to all load-serving entities and qualified scheduling entities. The REP Coalition also requests any further relief to which it may be justly entitled. {***}
• As previously reported, an ALJ ordered, among other things, that REPs publish notice of their petition in a newspaper in each county in which an affected customer resides, and that REPs post notice on their websites.

REP Coalition’s Appeal Of Interim Order No. 4  (02/02/2024)
55959  (12/08/2023)