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Texas Residential Leasing Agent To Pay $200,000 To Resolve Allegations It Essentially Acted As Uncertificated Retail Electric Provider In Choice Area

January 23, 2024

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

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FirstKey Homes, LLC (FirstKey) would pay $200,000 under a settlement with the Staff of the Public Utility Commission of Texas (Commission) to resolve alleged violations of PURA §§ 17.004(a), relating to customer protection standards; 39.102, relating to customer choice; 39.107, relating to metering and billing services; and 39.352(a), relating to certification of retail electric providers; 16 Texas Administrative Code (TAC) §§ 25.107(a), relating to certification of retail electric providers; 25.474, relating to selection of a retail electric provider; and 25.475, relating to general retail electric provider requirements and information disclosures to residential and small commercial customers.

The settlement states, "FirstKey is the agent for the owner and manages approximately 3,169 individually metered rental homes in Texas." Of those, FirstKey controlled the electric accounts of approximately 1,692 customers.

The settlement states, "FirstKey provided turnkey utility services to new tenants, with electric service provided by a retail electric provider (“REP”) with whom FirstKey contracted. FirstKey negotiated a favorable electric rate with the REP for electric service to all of the rental homes in Texas. However, these rates were provided under a continuous service agreement, which must be terminated when a tenant takes up residence."

The settlement states, "Under the leases with the affected tenants, FirstKey paid the electricity usage charges up front for all tenants, and then each tenant was billed for electricity usage through a third-party billing service."

FirstKey did not impose any surcharges on these billings nor make any profits on tenants’ electric usage.

The settlement states that after being notified of the issue, FirstKey immediately notified tenants of the necessity to establish their own electric service accounts, "and FirstKey discontinued the practice of taking title to electricity and reselling to its tenants, effectively acting as an uncertificated retail electric provider (REP) and interfering with its customers legally mandated right to choose their own REP."

The settlement states, "This agreement represents a compromise of claims and allegations, and the execution of this agreement does not admit the truth or accuracy of any such disputed claims."

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