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Citing Delay, Texas REP Opposes Hearing on Good Cause Exception Request Related to Enrollment Verification Rules

June 8, 2015

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Copyright 2010-15 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Accent Energy Texas, LP d/b/a IGS Energy has asked the Public Utility Commission of Texas that its request for a good cause exception to certain enrollment verification rules not be referred to the State Office of Administrative Hearings, as requested by Commission Staff.

Staff had requested a hearing on the matter, "to allow for further discovery and so that a factual record may be developed."

As previously reported, IGS Energy is seeking a good cause exception to the requirement in P.U.C. SUBST. R. 25.474(f)(2) and (3) to allow customers the option of choosing a retail electric product via a hand-held electronic device without requiring the customer to participate in a recorded third-party verification voice telephone call.

IGS Energy has said that the current Texas rules governing door-to-door sales can be read to require that, even where an enrolling customer has electronically interfaced with IGS through its new iPad technology, the customer cannot have that choice effectuated without participating in a recorded third-party verification phone call. Under IGS Energy's iPad-based door-to-door sales and enrollment process, the customer would verify their consent to the terms and conditions via their electronic signature that is captured as a digital image.

More specifics of IGS Energy's proposed sale process are described in our prior story, but in brief the hand-held electronic device also verifies via an electronic signature that the customer consents and acknowledges the specific statements set forth in the requirements of P.U.C. Subst. R. 25.474. After verifying the customer's consent and desire to choose the selected product, the terms of service, EFL, and Your Rights as a Customer document are e-mailed to the customer

IGS Energy said that its petition should be referred for informal disposition and, "not referred to an unnecessary hearing at SOAH that will cause delay when there are not apparent factual issues in dispute, other than the ultimate finding on the policy issue raised in this proceeding."

IGS Energy asserted that no material issue of contested facts exist in the proceeding. "Essentially, there are only two questions for the Commission to decide in this case," IGS said:

1. Does P.U.C. Subst. R. 25.474 require a customer to participate in a recorded voice telephone call for verification of an electronic enrollment conducted via a hand-held device when that enrollment is conducted at the customer's residence?

2. If the answer to the above question is yes, does the technology and approach developed by IGS Energy provide sufficient good cause to allow customers to choose to enroll via the hand-held electronic technology proposed by IGS Energy without requiring the customer to participate in a recorded voice telephone call to verify those enrollments conducted via the hand-held electronic device?

IGS stated that Commission Staff has served IGS Energy with three rounds of discovery, totaling 62 Requests for Information (RFIs), all of which IGS has responded to.

"It appears that for reasons unexpressed and unknown Staff is unable to recommend approval of the good cause waiver request at this time, however, there is no indication that there are any unknown facts or disputed facts to be understood. Therefore, Commission Staffs request for development of a factual record seems, at best, incongruous," IGS said.

"Referral to the State Office of Administrative Hearings (SOAH) for a hearing on the merits will delay resolution of the Petition for many months and serve no reasonable purpose. The information provided by IGS Energy in its Petition and RFI responses is more than sufficient for the Commission to evaluate its Limited Good Cause Exception request and decide on it accordingly," IGS said

Docket 44518

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