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Proposed Order Would Grant Texas REP's Request To Cease Non-Volunteer POLR Status

March 21, 2024

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

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A proposed order from a Texas ALJ would grant a request from Texpo Power, L.P. to be relieved of its designation as a non-volunteer (LSP) provider of last resort for the remainder of the 2023-2024 POLR term

As previously reported, Texpo’s petition included an affidavit, dated August 15, 2023, attesting that on June 2, 2023, Texpo entered into an asset purchase agreement in which Texpo sold and assigned its Texas customer contracts to US Retailers, LLC, and Direct Energy Business, LLC dba NRG.

Texpo on August 17, 2023 attested that it no longer is providing retail service and does not have any customers with ESI IDs, which Texpo had said on such date will be the case for the next 150 days.

Texpo has asserted that, "Texpo may be unable to maintain its financial integrity if additional customers are transferred to it upon the designation of POLR status."

Texpo's petition was not opposed by any party

The proposed order would find that, "Texpo no longer meets the POLR eligibility requirements of 16 TAC § 25.43(h)(2)(B)," and that, "Good cause exists to revoke Texpo’s designation as a POLR, as required by 16 TAC § 25.43(q)(1)(D)."

The proposed order would not designate any other REPs to take Texpo's place as an LSP in such areas where Texpo had been designated as such

In Project No. 53576, Texpo had been designated, for the 2023 through 2024 term, as a POLR in the CenterPoint-TDU and TNMP transmission and distribution utility service areas for the medium non-residential customer class and in the Oncor, CenterPoint-TDU, TNMP, AEP Texas North, and AEP Texas Central transmission and distribution utility service areas for the large non-residential customer class.

Project 55965

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