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Intended Procurement Transaction From New Option 2 Texas REP Noted
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Batt Power TX, LLC, which was recently conditionally granted an Option 2 Texas retail electric provider certificate, has filed with the Texas PUC a required customer affidavit for a customer 1 MW or larger agreeing to Option 2 service, and also provided a description of a related transaction
Option 2 REPs are limited to serving customers 1 MW or larger providing an affidavit agreeing to such service
Previously, Option 2 applicants had to produce such an affidavit as part of their application in order to receive a REP certificate
Under a rule change a few years ago, the PUC now allows an Option 2 REP applicant to receive a conditional REP certificate without a customer affidavit being filed with the application, conditioned on the REP filing the required customer affidavit within 30 days of the REP being conditionally granted the certificate. The PUC's orders in such Option 2 REP cases provide that, if the applicant fails to timely file the required customer
affidavit or affidavits, the REP application will be denied with respect to each customer for
whom the REP fails to timely file the required affidavit
In its application, Batt Power did not provide an affidavit from a least one customer which is 1 MW or larger
The PUC conditionally granted Batt Power an Option 2 REP certificate on August 12, 2025, requiring that a customer affidavit be provided to the PUC by September 11, 2025
Batt Power earlier on September 11 had filed a request to extend the deadline for the filing of the customer affidavit, but subsequent to such extension request, Batt Power in a later PUC filing on September 11 said that it was providing the necessary customer affidavit as part of such filing (as is customary, the customer affidavit was filed under seal), thus appearing to render the extension request moot
However, of note, Batt Power did describe a contemplated transaction in its earlier extension request
Specifically, Batt Power in the earlier extension request had said, "Batt Power intended to conclude a complex battery storage and battery procurement transaction in time to file the required affidavit in a timely manner."
In the earlier extension request, Batt Power had stated, "Batt Power intended to conclude a complex battery storage and battery procurement
transaction in time to file the required affidavit in a timely manner. Due to delays in closing the
underlying transactions, there has been a delay in obtaining the necessary affidavit from the
customer. As a result, Batt Power is requesting an extension for filing the required affidavit under
16 TAC §22.4(b). The need for the extension is the result of delays in finalizing the battery
transactions and is not caused by the neglect, indifference, or lack of diligence of Batt Power."
As noted, Batt Power later today did file with the PUC a customer affidavit which is intended to timely meet the requirement for such filing of an affidavit
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September 11, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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