Post-Uri Complaints Against Texas REP, Which Had Potential Precedential Impacts, Dwindle To Two As More Settled, Withdrawn -- EnergyChoiceMatters.com

Post-Uri Complaints Against Texas REP, Which Had Potential Precedential Impacts, Dwindle To Two As More Settled, Withdrawn

May 23, 2023

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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With several recent withdrawals by complainants, the number of similar complaints filed at the Texas PUC against MidAmerican Energy Services, LLC ("MidAmerican"), which were filed in the wake of post-Uri retail price changes by MidAmerican Energy Services, have apparently dwindled to two remaining cases

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 or made moot by recent rule changes, 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.

EnergyChoiceMatters.com reported in February that two complaints from large consumer groups had been withdrawn. Since that time, about a dozen of similar complaints from individual customers have been withdrawn, including two withdrawals filed today. As has been typical, the latest withdrawals note that the customers and MidAmerican Energy Services have reached an agreement concerning the matter, but the withdrawals do not include any specifics concerning settlement terms

That apparently leaves two complaints outstanding: a complaint filed by 13111 Westheimer, LLC (an office building, docket 52969), and a complaint filed by retail chain Tuesday Morning Inc. (docket 52300)

With regards to the 13111 Westheimer complaint, MidAmerican Energy Services on May 3, 2023 filed a motion to dismiss the complaint for lack of prosecution. MidAmerican Energy Services alleged that 13111 Westheimer did not file testimony by an April 21, 2023 deadline and alleged that 13111 Westheimer also had not participated in a recent prehearing conference which set the procedural schedule. The last filing from 13111 Westheimer appears to have been a proposed list of issues filed in March 2022. As of publication time, 13111 Westheimer has not filed a response to MidAmerican's motion to dismiss, which remains pending.

With regards to Tuesday Morning Inc., the parties recently filed a status update noting that Tuesday Morning Inc., filed for Chapter 11 bankruptcy on February 14, 2023. The bankruptcy court has entered an automatic stay affecting all pending matters with Tuesday Morning that would affect its assets. The company is currently in the process of being liquidated, and the bankruptcy proceedings are expected to be finalized in July, 2023, the parties said

"Due to the bankruptcy proceedings, the parties have agreed to request abatement of this matter until July 31, 2023. At that time, the parties will know the impact of the bankruptcy on this matter and whether it should proceed," the parties said in a joint status update of the Tuesday Morning complaint proceeding

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