|
|
|
|
|
Texas PUC Dismisses Complaint Against Retail Provider Regarding REP's Alleged Requirement That Customer Must Verify Identity Via Persona (Photo/Facial Recognition)
The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com
The Texas PUC dismissed without prejudice a complaint filed by a prospective customer against Southern Federal Power, LLC which had alleged that Southern Federal Power informed the customer that the customer's enrollment process would not be completed if the customer did not complete verification of the customer's identity through a service called Persona
Although the initial complaint did not specifically identify what data the Persona process used by Southern Federal requires, the complainant argued that customers should not have to submit, to a third party, "personal, image, and biometric data," in order to complete enrollment with a REP. While it is unclear what specific process the complainant was directed to complete, it is generally understood that Persona may require submission of a photo and/or use a facial recognition scan from a camera-equipped electronic device
The customer alleged that refusal of retail electric service based on a customer's election not to verify through Persona is in violation 16 TAC § 25.23, which applies to electric utilities, not REPs
The refusal of service rules governing REPs (16 TAC §25.477) provides that, in addition to various other stated reasons in which a REP may refuse service, a REP other than the affiliated REP or POLR, may refuse to provide electric service to an applicant or customer, "for any other reason that is not otherwise discriminatory pursuant to §25.471(c) of this title (relating to General Provisions of Customer Protection Rules)."
§25.471(c) prohibits REPs from unduly refusing to provide electric service or otherwise unduly discriminating in the marketing and provision of electric service to any customer because of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of customer in an economically distressed geographic area, or qualification for low-income or energy efficiency services.
See more background on the complaint here
The Texas PUC dismissed the complaint on several grounds, including failure to state a claim for which relief can be granted under 16 TAC § 22.181(d)(8)
In the complaint, the complainant (Mr. Verde) broadly sought that, "the
Commission award monetary damages and a fine sufficient to deter Respondent," from further allegedly
improper conduct
As noted, the complainant had sought to enroll with Southern Federal, but the complainant had declined to complete Southern Federal's enrollment process
Concerning damages, the complainant specifically sought, "a monetary award to compensate him
for the difference between his current rate and the rate he signed up for with Respondent."
The complainant also sought an investigation into the alleged use of Persona and whether such use complies with PUC rules
The PUC ordered that, "[the] complaint should be dismissed under 16 TAC § 22.181(d)(8) because the Commission does not have the authority to award monetary damages to [complainant] as a result of allegedly having to pay higher rates with another retail electric provider than he would have paid had he become a customer of Southern Federal Power."
The PUC further ordered, "Mr. Verde's complaint should be dismissed, under 16 TAC § 22.181(d)(11), because Mr. Verde did not plead facts demonstrating that he has standing to bring his complaint. Mr. Verde's alleged injuries pertaining to discrimination, exposure to security breaches, and Southern Federal Power's profiteering from the sale of customer information are hypothetical."
Docket 57929
ADVERTISEMENT 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
October 2, 2025
Email This Story
Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
NEW Jobs on RetailEnergyJobs.com:
• NEW -- Account Executive (Commercial Retail Energy)
|
|
|
|
|