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Texas Retail Provider's Certificate Would Be Suspended Under Settlement With PUCT Staff

February 4, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The Texas retail electric provider certificate of Jade Energy, LLC would be suspended until the company comes into full compliance with certain certification rules, under a settlement between the company and Staff of the Public Utility Commission of Texas.

Jade does not currently, nor has it ever, served customers with retail electric service.

The settlement details certain legal disputes concerning Jade's ownership, as previously reported here

Pursuant to 16 TAC § 25.107(g), a REP must maintain the technical and managerial resources and ability to provide continuous and reliable retail electric service to customers.

According to the settlement, in 2015, one or more principals or permanent employees, whom Jade relied on to meet the Commission's technical and managerial requirements when it received REP Certificate No. 10222, ceased employment and affiliation with Jade. According to a proposed interim order that is part of the settlement, Jade has yet to replace these former principals or permanent employees with a person or persons deemed suitable by the Commission under 16 TAC § 25.107.

"Accordingly, Jade failed to comply with 16 TAC § 25.107(g) and remains in non-compliance with that provision," the settlement states.

"Jade failed to comply with 16 TAC § 25.107(i)(3) by failing to amend its certification within ten working days of a material change to the information provided as the basis for the Commission's approval of the certification application-the loss of permanent employees and/or principals relied on to meet the Commission's technical and managerial requirements," the settlement states

Additionally, "Jade failed to comply with 16 TAC § 25.107(i)(5) because it failed to file the financial portions of its annual and semi-annual reports in 2015. Furthermore, Jade's financial statements would show that it did not meet its financial requirements during this period," the settlement states

Under the settlement, Jade agrees to the suspension of REP Certificate No. 10222 until such time that Jade demonstrates compliance with 16 TAC § 25.107 as evidenced by an amendment to Jade's certificate that is approved by the Commission.

Jade Energy and Staff agree that the suspension will be automatically lifted pursuant to the settlement agreement if and when the Commission approves an amendment to REP Certificate No. 10222 with a determination that Jade attained full compliance with 16 TAC § 25.107.

Under the settlement, if Jade fails to serve customers on or before May 14, 2016, Jade consents to the automatic entry of a Consent Order revoking REP Certificate No. 10222, unless Jade's failure to serve customers is the result of a delayed flight test that is not attributable to Jade. In the event that a flight test is delayed, and the cause of such delay is not attributable to Jade, Jade's deadline to serve customers shall extend by the duration of the flight test delay.

Docket 45576

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