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Texas REP Withdraws Petition for PUCT Declaratory Ruling on Original Jurisdiction of Cities Over Customer Complaints

April 22, 2016

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

AP Gas and Electric has withdrawn without prejudice its petition filed with the Public Utility Commission of Texas which had sought the issuance of a declaratory or other order stating that the Mayor of the City of McAllen, acting on the City's behalf, exceeded the City's jurisdiction when hearing and ruling on the complaint case brought to it by LFD, LLC d/b/a LFD Homefurnishings (LFD) against APG&E.

Click here for background on the case

APG&E's withdrawal comes as the City informed the PUCT that it was "withdrawing" its decision on the customer complaint, which had originally ordered APG&E to refund an early termination fee. In withdrawing its decision, the City said that such action was made without taking a position on the legal or substantive issues raised in APG&E's petition at the PUCT.

APG&E said in its filing that, "Although the City does not appear to have taken formal action to rescind or invalidate the Order, its representation in its responsive pleading filed with the Commission, stating that the City is withdrawing the December 23, 2015 Order, would appear to moot the controversy giving rise to the Petition."

"Based on the apparent lack of a justiciable controversy, APG&E therefore withdraws its original Petition. This withdrawal is without prejudice to refile same in accordance with 16 TAC § 22.181(b), as APG&E has not presented its case in chief ... Should the City of McAllen take steps to enforce the December 23, 2015 Order, however, or otherwise act inconsistently with the representation made to the Commission that it has withdrawn the Order, APG&E is reserving the right to seek appropriate relief from the Commission," APG&E said

Docket 45486

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