Texas Retail Electric Provider, Previously Subject To Default, Provides Update On Discussions With PUC Staff To Re-enter Market

March 10, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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Axon Power & Gas, LLC, which previously had been subject to default under a TDU tariff, filed a status report with the Texas PUC concerning a docket addressing a pending petition from PUC Staff to revoke Axon's retail electric provider certificate

See background on Staff's petition here

As previously reported, on November 12, 2019, Axon Power & Gas, LLC (Axon) filed a motion to abate the case for three months in order to evaluate its options and engage in discussions with Staff of the Public Utility Commission of Texas (Commission Staff). Such motion was granted. A further abatement was subsequently granted

In a prior January status update, Axon had stated, "Axon has been engaged in discussions with Commission Staff and has presented Staff with two documents for review: a plan to catch up on all payments to the intervenor transmission and distributions utilities; and a plan to address various operational and management issues that would allow Axon to reenter the market. Axon is authorized to represent that Staff has approved Axon's payment plan, subject to the consent of the intervenor transmission and distributions utilities. Axon has already begun discussions with those parties."

In a new status update filed on March 11, Axon stated that, "Axon has continued discussions with Commission Staff and, since the last Status Report, has, at Staff's request, presented Staff with additional information regarding Axon's plans to address various operational and management issues that would allow Axon to reenter the market. In addition, Staff and Axon have had initial discussions about administrative penalties."

Axon stated that, "Axon's discussions with most of the TDUs have also continued. One TDU has been paid in full. A second TDU has received a payment and is expected to be paid in full shortly, and the process to pay a third TDU in full is underway. Only one TDU has rejected Axon's proposed method of payment, and Axon will address that TDU once the others have been paid."

"Given the progress that has been made towards resolving the issues in the case, Axon requests that the Procedural Schedule for this proceeding continue to be abated and proposes that on or before Friday, May 15, 2020 it will file a status report with the Administrative Law Judge or request that a new procedural schedule be adopted," Axon stated

"As in its prior motions, Axon further represents that it currently has no customers and will take no action to enroll any new customers while the proceeding is abated," Axon stated

As previously reported, during the pendency of the case, Axon sold its customer book (see details here)

Docket 49634

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