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Texas PUC Files Recommendation On Whether Retail Provider's Name "Option 2 Energy, LLC" Is Deceptive

February 13, 2019

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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Staff of the Public Utility Commission of Texas have filed a recommendation in a REP certificate proceeding stating that, "Staff has reviewed the name 'Option 2 Energy, LLC' and believes that it is not deceptive, misleading, vague, or duplicative."

As exclusively first reported by EnergyChoiceMatters.com, Option 2 Energy, LLC has applied for an Option 2 Texas retail electric provider certificate, to serve customers one megawatt or more of capacity who provide an affidavit agreeing to such service. Its leadership includes industry veterans (see story here)

In its initial filing, Option 2 Energy, LLC had included the name Option 2 Energy Company under the field "Second Applicant Name" but did not request the use of such name (or any other name) as an authorized trade name.

As exclusively first reported by EnergyChoiceMatters.com, as part of reviewing the application, an ALJ directed Staff to offer its opinion on whether the names 'Option 2 Energy, LLC' and 'Option 2 Energy Company' are deceptive, misleading, vague, or duplicative when used by an applicant seeking an option 2 REP certification.

In response to the ALJ's directive, Staff said that, after reviewing the Commission's REP database, Staff determined that the names "Option 2 Energy, LLC" and "Option 2 Energy Company" are not being used by another REP.

Staff said that the Secretary of State has authorized applicant's use of the names "Option 2 Energy, LLC" and "Option 2 Energy Company" in filing number 803139030.

Staff noted that the applicant listed "Option 2 Energy Company" as a "Second Applicant Name on the title page of the application but the applicant requested no d/b/as in section A-8(c) (Requested Certificate Names) of the application.

Staff said that, "As an option 2 REP, the applicant's target market is 'specifically identified customers, each of whom contracts for one megawatt or more of capacity' (see 16 § TAC 25.107(d)(2)). These are not mass-market, small businesses or residential customers unfamiliar with the Texas retail electric market. Staff notes that no protests or objections have been filed to the applicant's requested use of the names 'Option 2 Energy, LLC' and 'Option 2 Energy Company'."

"Therefore Staff concludes that the names 'Option 2 Energy, LLC' and 'Option 2 Energy Company' are not deceptive, misleading, vague, or duplicative," Staff said

Concerning the sufficiency of Option 2 Energy's application, an ALJ previously found that the affidavit submitted by the applicant on November 14, 2018 was deficient.

In commenting on the sufficiency of the affidavit, which is to be from an eligible customer agreeing service from the applicant, Staff said, "Option 2 did not submit a corrected customer affidavit by the February 5, 2019 deadline established in Order No. 4. Staff therefore recommends that the application as amended be considered not sufficient for further review."

Docket 48812

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