As previously reported, on June 25, 2018, Power of Choosing Inc. filed an application for registration as Class II.A aggregator, under 16 Texas Administrative Code (TAC) § 25.111.
On July 19, 2018,
Commission Staff filed a recommendation that the registration should be denied because the
legal name "Power of Choosing Inc." is similar to the Commission's website "Power to
Choose" and might mislead consumers.
On July 20, 2018, the administrative law judge issued
a notice directing Power of Choosing Inc. to respond to Commission Staff s recommendation
or withdraw their application. No response was received.
To date, Power of Choosing Inc. has not responded to the administrative law judge's
"Under 16 TAC § 25.111(h)(3)(C), the Commission must determine whether a
registering party is capable of fulfilling consumer protection provisions, disclosure
requirements and marketing guidelines under PURA. All buyers of retail electric services are
entitled to protection from fraudulent, unfair, misleading, deceptive, or anti-competitive
practices under PURA §17.004. Under 16 TAC § 25.111(h)(3)(D), unacceptable registrations will be rejected without prejudice to refiling. Accordingly, the requested registration is
rejected without prejudice under 16 TAC § 25.111(h)(3)(D)," an ALJ said in rejecting the application without prejudice