|
|
|
|
|
Texas Retail Provider Receives Option 2 REP Certificate After Providing Contract From Third Party; PUC Approval Leaves Open ALJ's Interpretation That A "Third Party" Customer Is Needed For Option 2 REP Certification & REP Itself May Not Serve As Needed Customer
The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com
The Texas PUC granted Luxor Technology Corporation an Option 2 Texas retail electric provider certificate
Option 2 REPs are limited to serving customers 1 MW and larger which provide an affidavit agreeing to such service
The approval comes after Luxor newly submitted an affidavit from what PUC Staff described as "an external third-party customer", with such customer agreeing to take service from Luxor
As previously reported, per a summary from an ALJ, Luxor had originally provided an affidavit from itself as a retail electric customer over 1 MW which will take service from Luxor (self-supply) in order to be certified as an Option 2 REP
However, the ALJ said that the entity seeking an Option 2 REP certificate may not serve as its own customer for purposes of providing the necessary affidavit of a customer 1 MW or larger agreeing to take service from the REP.
In what appeared to be a novel interpretation of the PUC certification rules, the ALJ said that the rules require a customer to "contract" for service, and that a REP applicant may not enter into a "contract" with itself (although not explicit, the reasoning appears to be that there would be no bona fide counter-party and thus a self-service agreement is not a "contract" as required by rule).
The ALJ had further stated that the contract must be with a "third-party" customer who, "independently," accepts the prospective REP’s ability to provide service after review of the factors described in 16 TAC § 25.107(d)(2)(I).
As more fully discussed in our prior story (click here), ECM is not aware of such an interpretation being applied to Option 2 REPs previously
As Luxor has now provided an affidavit from an "external third-party customer", and now that REP certification has been granted, the ALJ's interpretation has not been contested, and the case will be closed without testing the ALJ's interpretation and without any precedent being established
Among other things, Luxor offers bitcoin miners and investors a derivative contract listed on a CFTC-approved exchange. Luxor also provides various other software and financial services for bitcoin mining, including various energy market insights and data
Docket 57520
Copyright 2025 EnergyChoiceMatters.com. Unauthorized copying, retransmission, or republication
prohibited. You are not permitted to copy any work or text of EnergyChoiceMatters.com without the separate and express written consent of EnergyChoiceMatters.com
May 7, 2025
Email This Story
Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
|
|
|
|
|