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Hunt Companies Allege Gexa Using Its Intervenor Standing in Oncor Change-in-Control Proceeding To Provide Competitively Sensitive Info to NextEra

November 23, 2015

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

Ovation Acquisition I, L.L.C., Ovation Acquisition II, L.L.C., and Shary Holdings, L.L.C., the Hunt Consolidated companies which are seeking to purchase Oncor, have alleged in a filing with the Public Utility Commission of Texas that Gexa Energy, "is utilizing its standing as an intervenor to access HSPM [highly sensitive protected material] and provide that competitively sensitive information to its parent NextEra."

NextEra recently expressed its continued interest in purchasing Oncor

The Hunt companies' allegation followed a filing by Gexa of a protective order certification for Joseph Balzano. The Hunt companies noted that Balzano is Director of Finance for the Treasury Department with NextEra.

The Hunt companies claimed that, as such, "absent a specific order from the ALJ, Mr. Balzano is not eligible for access to HSPM under the Protective Order, and allowing him access to HSPM would seriously harm Purchasers by providing unwarranted access to highly sensitive information to a competitor."

The Hunt companies said that paragraph 8 of the Protective Order limits the disclosure of HSPM to a reviewing party's outside counsel, a reviewing party's outside consultants, and employees of a reviewing party, "working with and under the direction of Reviewing Party's counsel who have been authorized by the presiding officer to review Highly Sensitive Protected Materials."

"Mr. Balzano does not appear to be any of these," the Hunt companies claimed. "Mr. Balzano's position with Gexa's parent company does not qualify him as an 'outside consultant' for Gexa, and providing HSPM to the NextEra Director of Finance would subvert the purpose of the protective order by providing competitively sensitive information to a competitor."

Noting NextEra's recent maneuvers in bankruptcy court to jumpstart its attempts to acquire Oncor, the Hunt companies alleged, "NextEra appears to be pursuing a parallel strategy in this [Texas PUC] proceeding through its wholly-owned subsidiary, Gexa ...Gexa is utilizing its standing as an intervenor to access HSPM and provide that competitively sensitive information to its parent NextEra."

Among other relief, the Hunt companies requested an order:

• Prohibiting Gexa from providing HSPM to Mr. Balzano pending the resolution of the issue,

• Directing Gexa to provide a detailed explanation of Mr. Balzano's employment status and responsibilities with NextEra, its affiliates and/or subsidiaries, and

• Requiring a certification of counsel regarding every individual to whom Gexa has provided HSPM, including a list of each HSPM document that Gexa has provided to Mr. Balzano.

Additionally, the Hunt companies requested, whether or not representatives of NextEra are permitted access to HSPM, that certain HSPM materials previously withheld from Gexa not be required to be provided.

Docket 45188

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