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Updated: Texas PUC Staff File Petition To Revoke Retail Provider's REP Certificate
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Staff of the Public Utility Commission of Texas petitioned the PUC to revoke the retail electric provider (REP) certificate of Onxy Electric Energy LLC (Onxy) as Staff alleged, among other things, that Onxy, "has a demonstrated pattern of not responding to Commission inquiries in a timely fashion and a demonstrated pattern of failing to meet the requirements of Commission rules concerning its EOP [emergency operations plan] filings."
Onxy may request a hearing to contest the allegations
Onxy Electric Energy LLC is an Option 2 retail electric provider. Option 2 REPs are limited to serving customers 1 MW and larger which provide an affidavit agreeing to such service
Notably, Staff also alleged that, "although Onxy claims to serve a customer, Onxy Energy, there is no evidence this customer exists, or that Onxy Energy is a different entity."
Staff alleged that ERCOT confirmed that Onxy has zero enrolled customers.
Staff alleged that Onxy has not completed all the steps to become a market participant.
Although not cited by Staff in its petition, the REP certification rules also provide that, "A REP that does not
serve customers for two consecutive years must relinquish its certificate."
Onxy received its REP certificate in September 2022
Regarding emergency operations plans, Staff alleged that, because Onxy was registered as a REP after April 15, 2022, Onxy was required to submit a copy of its emergency operations plan (EOP) and an executive summary in Project No. 53385 concurrent with its application for a REP certificate.
Staff alleged that, to date, Onxy has failed to file any EOP submissions in Project No. 53385 as required under 16 TAC § 25.53, including an alleged failure to file an initial EOP coincident to Onxy's REP application, and an alleged failure to file annual updates or affidavits concerning the plan as required by rule
Staff alleged that the PUC's Division of Compliance and Enforcement (DICE), starting in late December 2024, issued a notice of investigation, RFIs, and a separate Finding of Violation (FOV) to Onxy concerning the alleged non-filing of the EOP
Staff alleged, "To date, Onxy has failed to submit any of the required documents in Project No. 53385 and has failed to contact DICE concerning its investigation."
Staff contends that Onxy’s alleged pattern of failing to respond to Commission inquiries, as issued by DICE, constitutes a significant violation for which REP certificate revocation may occur, as contemplated under 16 TAC § 25.107(k)(10).
Staff contends that Onxy’s alleged repeated and continuing violations of the EOP rule at 16 TAC § 25.53, for alleged failure to file an EOP, constitute a significant violation as contemplated under 16 TAC § 25.107(k)(20). 16 TAC § 25.107(k)(20) allows for revocation for, "Other significant violations or a pattern of failures to meet the requirements of PURA,
commissions rules or orders, or protocols adopted by the applicable independent organization".
Notably, DICE's prior Finding of Violation letter had offered to settle the alleged EOP violations for the payment of an administrative penalty of
$131,100.
The previously proposed administrative penalty in the prior Finding of Violation letter reflected a penalty of $100 per· day that Onxy allegedly failed to
file its initial EOP and executive summary in Project No. 53385 as required under 16
TAC § 25.53(c)(2) (approximately 1,100 days) and administrative penalties of $10,000 for· each alleged violation of the annual update required under 16 TAC
§ 25.53(c)(3) (two alleged violations, the annual filings due in 2024 and 2025)
DICE had said in the Finding of Violation letter that, "Failure of an entity, like Onxy, to timely submit required documents specified
by 16 TAC § 25.53 presents a risk to the health and safety of the public by frustrating the
Commission's statutorily required duty to review the adequacy of adopted EOPs."
Docket 58843
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October 15, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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