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Texas Staff Reaches Settlement Concerning Company Operating as Retail Electric Provider Without Certificate
November 2, 2012
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Copyright 2010-
Staff of the Public Utility Commission of Texas has entered into a settlement agreement concerning a company alleged to have operated as a retail electric provider without a Commission-issued certificate.
Specifically, the settlement was signed by Energy Broker Consultants, LLC, a Delaware Limited Liability Company (EBC Broker); Energy Broker Consultants, LLC, a Texas Limited Liability Company (EBC Aggregator); and Wholesale Commercial Energy, LLC (Wholesale Commercial) (collectively, the Entities); and Mr. Danny Shannon (together, Parties).
Wholesale Commercial served as the QSE for EBC Energy Today, LLC (EBC Energy Today), "an entity that operated as a REP without a certificate," the settlement alleges.
"EBC Energy Today entered into a lease with Prier Energy, Inc. (Prier), a certificated REP, that purported to lease a d/b/a of Prier, and along with it, Prier's ability to interface with ERCOT and the Commission," the settlement alleges.
"Although the Entities and Mr. Shannon believed the lease arrangement was valid and lawful, the lease did not and could not effectuate certificated authority to operate as a REP. Therefore, Wholesale Commercial could not schedule electricity on behalf of EBC Energy Today, through Prier or otherwise," the settlement states.
According to the settlement, "Wholesale Commercial submitted to ERCOT the REP certificate information of Prier in order to schedule electric delivery for customers of EBC Energy Today. As a result, the information Wholesale Commercial submitted to ERCOT was false, in violation of P.U.C. SUBST. R. 25.503(f)(8)."
According to the settlement, Mr. Shannon and Mr. Mark Angell jointly formed EBC Energy Today, LLC on June 23, 2011. Mr. Shannon warrants that he transferred his entire interest in EBC Energy Today, LLC on July 1, 2011 to Mr. Mark Angell. On July 1, 2011, Mr. Shannon was hired as a consultant by EBC Energy Today, LLC, a role he continued in until EBC Energy Today, LLC discontinued service.
Under the settlement, Energy Broker Consultants, LLC (EBC Aggregator) agrees to relinquish its Texas Aggregator registration (Registration No. 80339) within 14 days of Commission approval of the settlement. In the event that EBC Aggregator does not relinquish its registration as described, EBC Aggregator consents to the automatic entry of an Agreed Consent Order revoking Aggregator Registration No. 80339.
"The Entities and Mr. Shannon agree to forgo participation in activities in the Texas restructured electric market that fall within the Commission's or ERCOT's jurisdiction for a period of 3 years from the date of the Final Order, including, but not limited to, engaging in energy brokering services, energy consulting services, or buying or selling electricity. Such restriction does not preclude Mr. Shannon from engaging in the licensing or sale of software as a vendor in the Texas restructured electric market," the settlement provides.
The Entities and Mr. Shannon warrant that on May 25, 2012, Wholesale Commercial submitted to ERCOT a notice of termination of the Standard Form Market Participant Agreement (SFA) between Wholesale Commercial and ERCOT. This notice terminated Wholesale Commercial's registration as a QSE with ERCOT.
The termination of the SFA became effective June 24, 2012.
Docket: 40915
Copyright 2010-
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