Texas PUC Seeks Briefs On REP Obligations Concerning Securitization Proceeds, Customer Complaints, Applicability To Large Customers -- EnergyChoiceMatters.com

Texas PUC Seeks Briefs On REP Obligations Concerning Securitization Proceeds, Customer Complaints, Applicability To Large Customers

May 16, 2022

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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As directed by the Commission at its recent open meeting, Texas PUC Docket Management issued an order seeking briefs concerning the interplay of securitization proceeds received by REPs and billed amounts which may be in dispute under customer complaints, as the Commission determined it is necessary to clarify what effect, if any, chapter 39, subchapter N of the Public Utility Regulatory Act (PURA) and the Commission's debt obligation order in Docket No. 523222 (e.g. securitization) has on allegations raised in a specific complaint against a REP, with such determination potentially holding precedent in similar cases

Specifically, the Commission requested all interested persons, including load-serving entities receiving proceeds under the Commission's debt obligation order and affected customers, to file briefs addressing the impact of PURA, chapter 39, subchapter N and the Commission's debt obligation order on complaints filed at the Commission in which retail customers allege excessive charges incurred during the winter storm. For the purposes of the briefing order, the alleged excessive charges are limited to charges for usage during the period of emergency, defined as the period from 12:01 a.m. on February 12, 2021 and ending at 11:59 p.m. on February 20, 2021.

Notably, among the specific questions on which the PUC sought briefing, the Commission asked stakeholders to address:

"Does the ability of a customer other than a residential or small commercial customer, or a non-residential customer whose load is part of an aggregation in excess of 50 kilowatts, to waive some of the Commission's customer protection rules under 16 TAC § 25.471(a)(3) limit the ability of those customers to obtain relief under PURA, chapter 39, subchapter N and the Commission's debt obligation order?"

The briefing order was issued in Docket 52154, a customer complaint against Constellation NewEnergy, but Commissioners at last week's open meeting noted the broad applicability of the issues and thus invited all stakeholders, not only parties to the complaint case, to comment on the issues

Other specific questions from the PUC are:

• What effect, if any, does PURA, chapter 39, subchapter N and the Commission's debt obligation order in Docket No. 52322 have on complaints filed at the Commission in which retail customers allege excessive charges incurred during the winter storm?
• How does PURA § 39.660 and the provision requiring adjustments to customer invoices in the Commission's debt obligation order affect the scope and availability of administrative remedies available to customers under the Commission's customer protection rules of 16 Texas Administrative Code (TAC), chapter 25, subchapter R and PURA, chapter 17, subchapters A and D?

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