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Texas PUC Staff Propose General Customer Protection Rule Updates To Reflect Oversight Of Brokers, Also File Proposed New Broker Registration Form

January 10, 2020

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Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Staff of the Public Utility Commission of Texas have filed in project 50406 a draft proposal for publication of rule amendments to 16 Tex. Admin. Code (TAC) §25.471, relating to general provisions of customer protection rules in the retail electric market

The proposed amendments would modify §25.471 to reflect new sections that are proposed in Project No. 49794, Rulemaking for Broker Registrations (see EnergyChoiceMatters.com's exclusive prior story here for details on the pending proposed broker rules). The proposed amendments will clarify that, where specifically stated, Chapter 25, Subchapter R, General Provisions of Customer Protection Rules applies to brokers

Consistent with the pending proposed broker rules, the proposed changes to §25.471 would prohibit fraudulent, unfair, misleading, deceptive, or anticompetitive acts and practices by brokers in the marketing, solicitation and sale of electric service and in the administration of any terms of service for electric service (adding the term "broker" to the existing language relating to REPs and aggregators)

Separately, based on the pending proposed broker rules, Staff have presented to the Commission in Project 49711 a draft revised broker registration form that would be consistent with the proposed rule in Project No. 49794.

The draft new broker registration form includes four fields in which a broker could enter trade names

As filed, the draft new broker registration form would not require the broker to disclose, on the registration form, any affiliate relationship with a retail electric provider. The proposal for publication would require a broker to disclose, to customers, the registered name of any REP that is an affiliate of the broker, but the proposal would not require such disclosure as part of the registration form filed with the PUC. Certain stakeholders have proposed that the Commission require such REP affiliate disclosure in the registration process as well (see story here)

The draft new registration form can be reviewed here; the draft form should not be used for registration until approved by the PUC

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