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Texas Staff File Draft Language to Ensure No Financial Gap Where REP's Affiliate Assumes POLR Obligation

January 17, 2014

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Copyright 2010-13 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

Staff of the Public Utility Commission of Texas have filed a revised draft proposal for adoption concerning the Provider of Last Resort rules to ensure that, in cases where an affiliate assumes the obligation of a Large Service Provider (LSP, aka non-volunteer POLR), the original Large Service Provider remains responsible for all financial obligations of the designated affiliate, to the extent the affiliate fails to meet such obligations.

The revisions to the POLR rule will allow a non-volunteer POLR to designate an affiliate to assume its POLR obligation. Commissioner Kenneth Anderson expressed concern that the rule's language, while stating that the original non-volunteer POLR remains responsible for serving any transitioned customers should its affiliate fail to perform its obligations as a POLR, did not explicitly provide that the original non-volunteer POLR would be responsible for any financial obligations incurred by its affiliate in connection with its transferred POLR obligation, to the extent the affiliate fails to meet such obligations (such as due to a default).

Staff has added language to the draft proposal for adoption providing that the original non-volunteer POLR shall retain responsibility for, "all financial obligations of the LSP affiliate associated with the provisioning of POLR service on its behalf by the LSP affiliate."

Furthermore, under the new language, any request from a non-volunteer POLR to transfer its obligations to an affiliate shall, "include an affidavit from an officer of the LSP stating that the LSP will be responsible and indemnify any affected parties for all financial obligations of the LSP affiliate associated with the provisioning of POLR service on behalf of the LSP in the event that the LSP affiliate defaults or otherwise does not fulfill such financial obligations."

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