Applicant For Texas Aggregator Certificate Again Lists Intent To Operate Under "Power of Choosing Inc." Name

October 9, 2019

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

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Sole proprietor Valerie Garza has applied for a Texas electric aggregator certificate to serve residential, commercial, industrial, and municipal customers.

In the section of the form entitled "Other Names" in which applicants must, "List any trade, commercial, and doing-business-as (d/b/a) names, other than the legal name listed in #1 above, under which the registering party intends to operate," the application lists the name, "Power of Choosing Inc."

The application noted that the legal entity "Power of Choosing Inc." had previously had an application for an aggregator certificate rejected, which had been without prejudice

As exclusively first reported by EnergyChoiceMatters.com, Garza had previously filed in 2018 for an aggregator certificate for the legal entity "Power of Choosing Inc.". Garza was listed as President of Power of Choosing Inc." in such 2018 application

Texas PUC Staff in 2018 had filed a recommendation that the Power of Choosing Inc. 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.

As previously reported, the application of "Power of Choosing Inc." was dismissed without prejudice in May 2019

In such dismissal, an ALJ had stated, "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)."

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