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Texas Chair Nelson Says Commission Won't Grant REP Certificates to Principals Violating Deceptive Trade or Consumer Protection Laws or Engaging in Fraud Donna Nelson, Chair of the Public Utility Commission of Texas, requested in a memo in advance of today's open meeting that an order regarding a penalty settlement with a company which acted as a retail electric provider without a certificate should include language stating that the Commission will deny REP applications from applicants or principals who have violated or acknowledged violations of deceptive trade or consumer protection laws or who have engaged in fraud.
Nelson was addressing a settlement with EBC Energy Today, which as first reported by Matters acted as a REP without a certificate by "leasing" the d/b/a of a certificated REP, and interfaced with ERCOT and the Commission by using this certificated REP as an intermediary.
A proposed order adopting a settlement among EBC Energy Today, Mr. Mark Angell, managing member of EBC Energy Today, and Staff would set an administrative penalty of $1.5 million and would prohibit EBC Energy Today and Mr. Angell from participating in the Texas electric market for a period of five years.
"I would go further to require that in addition to the five year prohibition, the administrative penalty set in this docket must be paid in full before Mr. Angell can even be considered for participation in the Texas electric market. In addition, prior to any participation in the Texas electric market, Mr. Angell shall consult with Commission Staff," Nelson proposed in her memo.
"I want to make it abundantly clear that by adopting an Order prohibiting Mr. Angell or EBC Energy Today from participating in the Texas electric market for a period of five years, this Commission is not stating or implying that a five-year break will absolve him of past wrongdoing in the eyes of the Commission," Nelson said.
"In fact, I would also modify the proposed order to state, 'In order to carry out the statutory charge to protect customers from unfair, misleading, or deceptive practices, the Commission will deny REP certificates to applicants or applicant's principals who have been penalized by an attorney general or any state or federal regulatory agency for violation of any deceptive trade or consumer protection laws or regulations; or who have acknowledged violations of or have been convicted or found liable of fraud, theft, larceny, deceit, or violations of any securities laws, customer protection laws, or deceptive trade laws in any state. The Commission will consider such persons as not being able to meet the financial, technical, and managerial requirements set out in P.U.C. SUBST. R. 25.107," Nelson said.
Nelson noted in her memo that if it had not been for customer complaints about broker fees, "Mr. Angell and EBC Energy Today might still be operating in the ERCOT market under the cover of another REP's certificate."
Nelson said in her memo that Mr. Angell was a Vice President and Member of Abacus Resources Energy, LLC, a retail electric provider that was found to have breached its market participation agreement with ERCOT and defaulted on its financial obligations to CenterPoint, AEP TCC, AEP TNC, Oncor, TNMP, and ERCOT. The Commission revoked the REP certificate of Abacus Resources Energy on February 1, 2012.
The settlement includes a provision that nothing in the agreement shall limit the Commission Staff's ability to refer information to other state or federal agencies or authorities for possible violations of separate rules or laws. Nelson requested that Enforcement Staff notify the Consumer Protection division of the Attorney General's office of this matter for investigation of possible violations of other rules or laws, including the Deceptive Trade Practices-Consumer Protection Act.
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June 20, 2013
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Copyright 2010-13 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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