Texas ALJ Denies Reconsideration Of Motion Denying Retail Provider's Motion To Intervene In Aggregator's Application Proceeding; Appeal Still Pending
October 16, 2019 Email This Story Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • email@example.com
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A Texas PUC ALJ has denied a motion for consideration, from retail electric provider Evolve Retail Energy, LLC d/b/a Evolve Energy, of the ALJ's prior order denying Evolve Retail Energy's motion to intervene a proceeding considering the application of E-Volve Energy, LLC for an electric aggregator certificate
As previously reported by EnergyChoiceMatters.com, Evolve Energy has said that it had been granted a REP certificate by the PUC before E-Volve Energy, LLC, a separate and unaffiliated company, filed for an aggregator certificate, and Evolve Energy alleged that the use of a nearly identical name by an aggregator would cause consumer confusion and mislead the public
An ALJ approved E-Volve Energy, LLC's aggregator application on Sept. 3, the same day on which Evolve Energy moved to intervene in the proceeding. An ALJ later denied Evolve Energy's motion to intervene, stating that a notice of approval had already been issued to E-Volve Energy, LLC
Evolve Energy appealed the order denying its intervention, or in the alternative, moved to reconsider the order
Evolve Energy noted that in a separate proceeding (Docket 49733) which is considering the application of Just One Energy, LLC for an electric aggregator certificate, a proposed order from an ALJ in Docket 49733 would deny the application of Just One Energy, LLC after concluding that, due to the similarity of the company's name to existing retail electric provider Just Energy Texas, LP d/b/a Just Energy, the use of the name Just One Energy would, "constitute communicating in a way that is misleading and deceptive."
An ALJ in the E-Volve Energy proceeding has now issued a ruling addressing Evolve Energy's alternative motion for reconsideration, and denied reconsideration of the prior denial of the motion to intervene
The ALJ said in the ruling that, "On September 3, 2019, the ALJ approved the aggregator registration of E-Volve Energy
Holdings. After issuing the Notice of Approval (NOA), the ALJ learned that Evolve Retail Energy
had filed a motion to intervene on September 3, 2019."
The ALJ said, "On October 2, 2019, the ALJ issued Order No. 1, denying Evolve Retail Energy's motion
to intervene because the NOA had already been issued."
The ALJ said, "On October 9, 2019, Evolve Retail Energy filed an appeal of interim Order No. 1 denying
its motion to intervene and, in the alternative, motion to reconsider. Evolve Retail Energy asks
that Order No. 1 be reversed, that Evolve Retail Energy be permitted to intervene, and requested
that E-Volve Energy's application be denied. Evolve Retail Energy's appeal of interim Order
No. 1 and motion to reconsider reasserts the same claims made in the motion to intervene."
The ALJ said, "On October 10, 2019, Evolve Retail Energy supplemented its filing with the proposed order
from Docket No. 49733. The proposed order in Docket No. 49733 denies the aggregator
application based on the same theory Evolve Retail Energy made in its motion to intervene and
reasserts in its appeal of interim Order No. 1."
The ALJ said, "The ALJ is concerned that, having already issued the NOA a month-and-a-half ago, there
is a lack of jurisdiction to re-open the case now. Therefore, the ALJ declines to withdraw or modify Order No. 1 under 16 Texas Administrative Code § 22.123(a)(8) and denies Evolve Retail
Energy's motion to reconsider."
The ALJ noted that, "Evolve Retail Energy's interim appeal remains ready for consideration by the Commissioners."