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Texas ALJ Denies CenterPoint-TDU's Sought Withdrawal Of Rate Case
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A Texas ALJ has denied CenterPoint Energy Houston Electric, LLC's petition to withdraw its current base rate case under Texas PUC Docket 56211
CEHE sought to withdraw the rate case under 16 TAC § 22.181(g), which allows a party to withdraw its petition if the party has not presented its direct case.
Various cities with original jurisdiction opposed the withdrawal, arguing that CEHE was compelled to file a rate case under a provision in its most recent prior rate case as well as the PUC's rate filing schedule rules, and that CEHE may not withdraw a rate case made in response to such obligations
Under 16 TAC § 25.247(b)(2), a TDU must file a new rate case within 48 months of an order in its most recent prior rate case. With respect to CEHE, CEHE was required to file a rate case by March 9, 2024, which CEHE did, resulting in the current rate case proceeding
The ALJ found that 16 TAC § 22.181(g) does not operate in cases where the application was filed
under compulsion, and thus this rule does not provide CEHE the right to withdraw the rate case
"While
[CEHE] has complied with the letter of the rule and Commission orders to file a
rate case, allowing it to withdraw would defeat the purpose of filing, namely, 'to
modify or review base rates charged by the electric utility,' as required by PURA
section 36.157(b)," the ALJ said
The ALJ said that CEHE has not demonstrated good cause for an exception, with the ALJ also noting that the PUC has twice denied extending the date for the filing of the current rate case
CEHE had said that the rate case should be withdrawn so that CEHE may focus on its s Greater Houston Resiliency Initiative launched on August 5, 2024
The ALJ did not specifically address CEHE's request that, if not dismissed, the rate case remain abated
The ALJ did not specifically address Cities' request that, if the case is abated, the PUC should implement lower interim distribution rates until a final rate case order is adopted
Docket 56211
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August 16, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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