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Anderson Recommends July 1, 2012 Deadline for Clearview Electric Compliance
September 29, 2011
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PUCT Commissioner Kenneth Anderson has recommended that the contemplated suspension of Clearview Electric's REP certificate should only be in place through July 1, 2012, at which time Clearview must show compliance with all provisions of the Substantive Rules or be subject to certificate revocation.
The Commission will further address the matter at today's open meeting.
As only reported in Matters (8/3), a proposed order would have originally suspended, but not revoked, Clearview Electric's certificate for failing to meet the financial security requirements, with the suspension alternatively allowing Clearview to post a $30,000 letter of credit. During the suspension, Clearview would not be permitted to acquire new customers in Texas, but could serve its existing book of about 28 customers.
Under a prior recommendation from Anderson, Commissioners said that if a suspension is approved, it should not be indefinite, and that a hard deadline for compliance, or license revocation, should be imposed. Clearview and Staff then proposed a deadline of June 30, 2013, but Commissioners said that such a period was too long. At the last open meeting, Commissioners discussed a potential deadline of December 31, 2012 as suggested by Chairman Donna Nelson (9/16). Anderson is now recommending the July 1, 2012 deadline.
Additionally, Anderson would require Clearview to file with the PUCT 90 days before July 1, 2012 a report regarding whether it will timely meet the Substantive Rules' financial requirements by July 1, 2012, or whether it intends to cease operations.
If Clearview does not agree to such conditions, including the July 1, 2012 deadline, Anderson said that the Commission should consider revoking the certificate.
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