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Texas REP Seeks Dismissal Of Final Uri Pass-through Complaint
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MidAmerican Energy Services LLC sought dismissal of the remaining complaint pending before the Texas PUC concerning MidAmerican's imposition of a supplemental ancillary service charge after Winter Storm Uri
Certain customers in various cases had filed formal complaints with the Texas PUC alleging that the supplemental A/S charge was in violation of their electricity supply contracts with MidAmerican. MidAmerican argues that the adjustment was permissible. To date, all but one complaint at the Texas PUC against MidAmerican concerning the supplemental ancillary service charge have either been settled, withdrawn, and/or dismissed, with no precedential findings or orders from the PUC
See background here
The sole remaining complaint had been filed by Tuesday Morning Inc., which as previously reported is undergoing liquidation under Chapter 7.
While Tuesday Morning Inc.'s Chapter 7 liquidation continues, MidAmerican told the PUCT that the claims bar date was set and has passed in such Chapter 7 proceeding, which MidAmerican says provides grounds for dismissal of the complaint at the PUCT
Specifically, MidAmerican said that the only issue before the Texas PUC under the complaint was the determination of how much, if any, of the supplemental ancillary
service charges is owed by Tuesday Morning to MidAmerican (which would essentially result from a determination from the PUCT concerning whether the charges were permissible)
However, MidAmerican said that it filed a proof of claim concerning such disputed amounts owed by Tuesday Morning in the Chapter 7 proceeding prior to the proof of claim deadline, and alleged that Tuesday
Morning did not object to or otherwise challenge the claim
"It is MidAmerican’s understanding
that any right to object to or dispute the MidAmerican claim has passed as an initial distribution
was made to creditors without objecting to the claim. As such, the claim is deemed fully
adjudicated in the bankruptcy proceeding and MidAmerican will be paid a prorated distribution
amount in due course and the debtor will be discharged without any further obligation of its
estate to MidAmerican," MidAmerican said
"Because Tuesday Morning's
financial obligations to MidAmerican have been fully adjudicated in the bankruptcy proceeding,
the matter has become moot as any other relief is beyond the Commission’s jurisdiction," MidAmerican said in support of its motion to dismiss the complaint
PUCT Docket 52300
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December 23, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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