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Texas Staff, AEP Energy Inc. (BlueStar) Reach Agreement on REP Naming

May 10, 2013

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Copyright 2010-13 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Staff of the Public Utility Commission of Texas and AEP Energy Inc. (f/k/a BlueStar Energy Services, Inc.) d/b/a BlueStar Energy Solutions have reached a stipulation and filed a proposed order regarding the name under which BlueStar Energy Solutions will operate as a retail electric provider in Texas.

The AEP Energy Inc./BlueStar Energy Solutions entity is distinct from the AEP Texas Commercial & Industrial Retail Limited Partnership entity which had previously sought authority to market under the name "AEP Retail Energy," but is impacted by certain decisions reached in the AEP Retail Energy case (see prior story for discussion of prior case)

Specifically, under the proposed order from Staff and AEP Energy Inc., AEP Energy Inc., has committed to operate solely under its assumed name, BlueStar Energy Solutions (or any other assumed name(s) approved by the Commission) and refrain from using its certificated name, AEP Energy, Inc., on its website, for any advertising or promotional purposes, or in any materials sent to customers or potential customers, except to the extent that Commission rules or applicable laws require it to do so.

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If Commission rules or other applicable law require BlueStar to use its certificated name (AEP Energy, Inc.) on its website, in any advertising, or in any materials sent to customers or potential customers, BlueStar agrees to use the same size, type, and color of font for the name AEP Energy that it uses for other text in the document(s).

Specifically, on customer bills, the Electricity Facts Label, Terms of Service, and Your Rights as a Customer document, BlueStar has committed to provide a sentence such as the following: "BlueStar Energy Solutions is an authorized trade name of AEP Energy, Inc. and is certified as a Retail Electric Provider by the Public Utility Commission of Texas, license number 10198." Throughout the remainder of any such documents, BlueStar has committed to use only the name BlueStar Energy Solutions (or any other assumed name(s) approved by the Commission). BlueStar has committed to not include the AEP logo on any such documents.

For other Commission rules that require the inclusion of either the certified name or the authorized business name, BlueStar intends to use only its Commission-authorized business name(s).

BlueStar has committed to using only a BlueStar logo that will be distinct from AEP's logo and refrain from using any AEP branding, including the red and white parallelogram logo, on its website, in advertising, marketing, or promotional activities, or in any materials sent to customers or potential customers.

BlueStar has committed to using the BlueStar Energy Solutions name (or any other assumed name(s) approved by the Commission) and logo (if any) on any envelopes mailed to customers or potential customers. BlueStar has committed to refrain from using the AEP logo on any envelopes sent to customers or potential customers.

BlueStar has committed to refrain from any joint advertising, marketing, or promotional activities between itself and its transmission and distribution utility (TDU) affiliates operating within ERCOT

This commitment includes that (a) BlueStar will operate and maintain a website with a URL separate from any website operated by the AEP TDUs; and (b) the AEP TDUs will not provide any direct links or references to BlueStar's website or otherwise favor BlueStar in relation to other REPs; but, the AEP TDUs will continue to provide any appropriate links to third-party websites listing all eligible REPs (such as www.powertochoose.org or www.puc.texas.gov).

The proposed order would approve the change in the certificated name to AEP Energy, Inc. from BlueStar Energy Services, Inc. consistent with the stipulation conditions noted above.

Separately, on May 9, a Texas district court judge affirmed the PUCT's decision in the AEP Texas Commercial & Industrial Retail Limited Partnership proceeding, which had been appealed by AEP Texas Commercial & Industrial Retail Limited Partnership.

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