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NRG Seeks Admission or Denial That Proposed Oncor Code of Conduct Would Allow Utility To "Refer" Customers To Affiliated Retail Provider

February 7, 2017

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The NRG companies have issued a set of requests for information to NextEra Energy, Inc. concerning NextEra's filing before the Public Utility Commission of Texas to acquire Oncor, which further detail NRG's concerns with the transaction from a competitive standpoint

As previously reported, NRG is seeking to require NextEra to divest its Texas REPs as part of any approval to acquire Oncor, and NRG has warned of "transitive co-branding" between Oncor and newly affiliated REPs in the wake of the transaction (see story here)

Among other things, the RFIs issued by NRG request that NextEra, "Admit or deny that the revised Oncor Code of Conduct does not prohibit Oncor from referring retail electric consumers to Gexa Energy or any other competitive affiliate of NextEra."

Note this specifically seeks an answer with respect to the utility Oncor itself engaging in such behavior, and not an affiliate of Oncor.

NRG also requested that Oncor, "Admit or deny that the revised Oncor Code of Conduct does not prohibit an affiliate of Oncor from operating a retail electricity shopping platform that contains the name, trademarks, brands, or logos of Oncor, similar to CenterPoint Energy's MyTrue Cost web site http://www.mytruecost.com, that would include offers from Gexa Energy or any other competitive affiliate of NextEra."

NRG's RFIs also indicate a concern with shared branding or strategy among Oncor and affiliates, with RFIs as follows:

• "Admit or deny that the revised Oncor Code of Conduct does not prohibit Oncor and the NextEra Competitive Affiliates from developing marketing campaigns and internet web presences using similar themes, colors, layouts, fonts, graphics, actors in advertising, slogans, etc."

• "Admit or deny that the revised Oncor Code of Conduct does not prohibit Oncor and the NextEra Competitive Affiliates from using the same advertising agency, to develop advertising, marketing, and promotional materials."

• "Admit or deny that the revised Oncor Code of Conduct does not prohibit Oncor and the NextEra Competitive Affiliates from using similar branding identifying the entities as subsidiaries of NextEra Energy."

• "Admit or deny that the revised Oncor Code of Conduct does not prohibit senior management of NextEra Energy with knowledge of the plans of NextEra's competitive affiliates from providing direction to Oncor that would benefit a competitive affiliate."

Docket 46238

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