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Texas Settlement Would Fine Company $1.5 Million for Providing Retail Electric Service Without REP Certificate Staff of the Public Utility Commission of Texas have reached a settlement agreement with EBC Energy Today, LLC and Mr. Mark Angell regarding the provision of retail electric service to customers without a REP certificate.
Under the settlement, EBC Energy Today would pay a $1.5 million administrative penalty.
As more fully discussed in a prior Notice of Violation (click here), EBC Energy Today had entered into a Letter of Understanding with the prior ownership of Prier Energy, Inc., a certificated Retail Electric Provider (REP), that purported to lease a d/b/a of Prier. This arrangement enabled EBC Energy Today to indirectly interface with ERCOT and the Commission through Prier acting as an intermediary.
A proposed order included with the settlement would find that although EBC Energy Today and Mr. Angell believed the lease arrangement was valid and lawful, "the lease did not and could not effectuate certificated authority to operate as a REP." Therefore, by engaging in the activities detailed in an agreed stipulation of facts, EBC Energy Today operated as a REP without a certificate, the stipulated proposed order states.
Pursuant to PURA § 39.352, a person may not provide retail electric service in Texas unless the person is certified by the Commission as a retail electric provider.
EBC Energy Today was never certificated as a REP, and EBC Energy Today did not register with ERCOT as a Load Serving Entity pursuant to ERCOT Protocol § 16.3(1).
Under the settlement, "EBC Energy Today and Mr. Angell 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 5 years from the date of the Final Order, including, but not limited to, engaging in energy brokering services, energy consulting services, or purchasing, taking title to, or selling electricity in any capacity."
Docket 41106
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May 20, 2013
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Copyright 2010-13 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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