Brilliant Energy to Pay $39,600 to Resolve Findings from PUCT Staff Compliance Audit

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March 14, 2011  

Brilliant Energy would pay $39,600 under a settlement with PUCT Staff to resolve Staff's allegations that Brilliant was not in compliance with 26 provisions of the Substantive Rules (39248).

Staff's allegations resulted from a compliance audit.

Among other things, Staff alleged Brilliant was not in compliance with the following:

• PUC Subst. R. 25.474(d)(5)(F), relating to required authorization disclosures. Staff alleged that Brilliant did not indicate the presence or absence of early termination fees prior to requesting confirmation of a move-in or switch

• PUC Subst. R. 25.474(d)(5)(I), relating to required authorization disclosures. Staff alleged that Brilliant's website did not disclose the right of rescission for switch requests.

• PUC Subst. R. 25.475(c)(2)(G), relating to general contracting requirements. Staff alleged that Brilliant's website did not contain the current variable rate or variable rate history

• PUC Subst. R. 25.475(e)(1)(C)(vii), relating to contract expiration and renewal offers. Staff alleged that Brilliant's notice of contract expiration did not indicate the default product could be cancelled at any time with no fee

• PUC Subst. R. 25.479(c)(1)(S), relating to bill content. Staff alleged that Brilliant's bill failed to meet the requirements regarding its referral to the Power to Choose site.

Prior to settlement, Brilliant corrected all of the alleged deficiencies.

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