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Aggregation's Post-Uri Complaint Against Texas REP, Which Had Potential Precedential Impacts, Withdrawn

February 2, 2023

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

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The Thigbe Aggregation Group Over 50 kW members have filed to dismiss with prejudice their complaint filed at the Texas PUC against MidAmerican Energy Services, LLC, which was filed in the wake of post-Uri retail price changes by MidAmerican Energy Services

As previously reported, several customers had filed complaints and other actions against MidAmerican Energy Services, alleging that supplemental ancillary service charges billed by MidAmerican Energy Services were in contravention of the fixed priced agreements

See background on the complaints here

Although the Texas PUC has generically addressed (prospectively) certain issues raised in the complaints (notably changing the definition of fixed rate), there remain other issues raised by the complaints which have not been resolved, such as what constitutes a change in law or regulation (including protocols), for purposes of a fixed rate or otherwise, and issues surrounding the waiver of customer protection for customers over 50 kW.

The Thigbe Aggregation members are the latest of several complainants to withdraw their complaints after reaching settlements or other resolutions, the specifics of which have not been disclosed, with MidAmerican Energy Services

Notably, a similar multi-customer complaint, filed by Members of the Texas Cotton Ginners Association, had been withdrawn last year. Several other individual customers have also filed to withdraw their complaints.

As of publication time, there still appear to be several similar fixed price complaints against MidAmerican Energy Services which remain open, and which could establish interpretation of various substantive rules and precedent concerning other issues. At least two complaints still appear to be active in the primary consolidated docket (52512), while several other complaints appear to be active in a separate proceeding (52704)

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