Texas TDU Seeks Dismissal Of REP Complaint Concerning TDU's Alleged Failure To Execute DNP On Critical Care Customer

October 19, 2023

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

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CenterPoint Energy Houston Electric, LLC (CEHE, CenterPoint Houston, or CenterPoint) moved to dismiss a complaint filed at the Texas PUC by Spark Energy, LLC (Spark) in which Spark had alleged violations of PUC rules due to CEHE's alleged, "refusal to disconnect a critical care customer served by CenterPoint."

See background on the complaint here

CEHE said, "Shortly before Spark Energy filed its complaint, the critical care residential customer that is the subject of Spark Energy's complaint (the Critical Care Residential Customer) switched to a different retail electric provider (REP). There is no longer an existing controversy for the Commission to consider. Thus, CenterPoint Houston requests that Spark Energy's complaint be dismissed as moot."

CEHE said, "Even though Spark Energy's complaint has become moot, Spark Energy may oppose dismissal on the ground that there are policy issues for the Commission to consider regarding disconnections for nonpayment of critical care residential customers. The Commission should reject this argument because the Commission has previously stated that individual proceedings are not the appropriate forum to address policy issues."

In describing its treatment of DNPs for critical care customers CEHE said, "With regard to a disconnection for nonpayment request received from a REP for a critical care residential customer, CenterPoint Houston has a process that automatically rejects such disconnection requests. Upon rejection of a disconnection for nonpayment request, CenterPoint Houston will send the REP notice of such rejection. Additionally, upon rejection of a disconnection for nonpayment for a critical care residential customer, CenterPoint Houston automatically ceases assessing transmission and distribution charges, except for securitization-related charges, to the REP for the critical care residential customer, beginning on the next billing cycle."

CEHE said, "CenterPoint Houston notes that all ERCOT electric utilities have been consistent in not executing disconnection requests for critical care residential customers. In 2022, no ERCOT electric utility executed a disconnection for nonpayment request for a critical care residential customer."

As previously reported, Spark had alleged, "Much like the critical care customer must meet the requirements of 16 TAC 25.483 to avoid disconnection, CenterPoint is required to take certain actions under that rule, which states after the TDU delays the disconnection and promptly communicate the critical care information to the REP, 'The TDU shall disconnect such customer if it subsequently receives a confirmation of the disconnect notice from the REP.] (emphasis added [by Spark]). This is not a permissive action where CenterPoint may disconnect, it is a duty imposed by the rule and CenterPoint shall disconnect the customer. In not disconnecting the customer, CenterPoint violated 16 TAC 25.483(g)."

Docket 54711

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