Texas PUC ALJ Denies Retail Supplier's Motion To Intervene In Certification Proceeding To Challenge Aggregator's Name

August 9, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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A Texas PUC ALJ has denied a motion from retail electric provider Just Energy Texas, LP (Just Energy) to intervene in the PUC docket considering the application of Just One Energy, LLC for an electric aggregator certificate

As exclusively reported by EnergyChoiceMatters.com, Just Energy has filed an objection to the application of Just One Energy, LLC, with Just Energy alleging that "An Aggregator using the name 'Just One Energy' will mislead and confuse Texas consumers and Just Energy's current customers and improperly leverage the good will of Just Energy established by its long-term use of the Commission-approved name in the Texas retail electric market."

A Texas PUC ALJ denied Just Energy's motion to intervene, noting that the aggregator rules do not have a similar provision concerning "misleading" names as the REP certification rules do.

"The motion to intervene is denied. An applicant for REP certification must show, among other things, that its name is not 'deceptive, misleading, vague, . . . or duplicative of a name previously approved for use by a REP certificate holder.' Thus, if Just One Energy had applied for REP certification, Just Energy might have grounds to intervene and assert that Just One Energy's name was duplicative or misleading. Instead of applying for REP certification, however, Just One Energy has applied for an aggregator registration, and there is no provision in the applicable rule, 16 TAC § 25.111, analogous to the prohibition in the REP rule against deceptive or duplicative REP names," the ALJ said

The ALJ further said that, "Just Energy correctly notes that, under 16 TAC § 25.111(d)(3)(E), a Class I aggregator must comply with the customer protection rules and marketing guidelines of the Public Utility Regulatory Act. However, Just Energy fails to identify any customer rule or marketing guideline violated by Just One Energy's name."

"Perhaps most importantly, PURA §39.003 specifically excludes registrations from being conducted as contested cases," the ALJ said

"Simply put, Just Energy may have identified an interest that is justiciable in some forum, but it is not justiciable in this forum. For these reasons, the motion to intervene is denied," the ALJ said

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