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Texas ALJ Modifies Order Requiring Reconnection Of REP Customer
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A Texas PUC ALJ has modified a prior interim order which had ordered BKV-BPP Retail LLC to reconnect service to a customer who filed a formal complaint against the REP
See background on the original reconnection order here
For reasons discussed further below, a newly assigned ALJ in the case, "remove[d] the requirement for reconnection and continuation of service," and stated that, "BKV-BPP Retail is hereby relieved of such requirement".
However, as previously reported, BKV-BPP Retail had immediately reconnected the complainant in compliance with the original interim order, though BKV-BPP Retail disagreed with the basis of the order, and appealed it
In BKV-BPP Retail's prior appeal of the original interim reconnection order, BKV-BPP Retail had, in addition to seeking a rescission of the reconnection order, specifically sought that BKV-BPP Retail be permitted to "immediately" disconnect the complainant, without any additional notice. BKV-BPP Retail had argued that such disconnection authorization would return the company and complainant to their respective positions prior to the reconnection order
In modifying the reconnection order, the newly assigned ALJ did not specifically address BKV-BPP's sought relief concerning immediate disconnection authorization. The newly assigned ALJ did not grant any such relief concerning immediate disconnection
The standard DNP rules provide that a disconnection may not occur until least 10 days after a disconnection notice has been issued
As noted, the newly assigned ALJ has modified the order such that BKV-BPP Retail is not currently required to reconnect, or continue service, to the complainant. However, because the complainant has already been reconnected, to the extent a new DNP notice is now issued (permitted since there is no active order for continued service), such DNP notice would appear to implicate the rule under which the original ALJ had issued the reconnection order (with the rule authorizing an ALJ to order reconnection for good cause if disconnection is threatened during a complaint case, provided that a hearing is held). Thus, other than requiring that a hearing process be followed in the future should the need arise, the relief granted under the modified order may be transient
As previously reported, the original ALJ had ordered reconnection by citing 16 TAC § 22.242(h)
§ 22.242(h) provides, "In any case in which a formal complaint has been filed and an allegation is made that a person is threatening to discontinue a customer’s service, the presiding officer may, after notice and opportunity for hearing, issue an order requiring the person to continue to provide service during the processing of the complaint. The presiding officer may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint."
While the rule addresses situations in which disconnection is "threaten[ed]" in a complaint case, the newly assigned ALJ noted that, in this case, service was disconnected prior to the formal complaint being filed
"Thus, it does not appear that there is existing service that has been threatened to be discontinued," the newly assigned ALJ observed
The newly assigned ALJ further said that the rule requires that, "notice and opportunity for hearing," shall be provided, "before an order may be issued requiring continuation of service."
As previously reported, no hearing had been conducted prior the issuance of the original reconnection order.
"[B]ecause the necessary prerequisites under 16 TAC § 22.242(h) have not been demonstrated, the ALJ finds it appropriate to modify Order No. 1 and remove the requirement for reconnection and continuation of service. BKV-BPP Retail is hereby relieved of such requirement from Order No. 1," the newly assigned ALJ said
Docket 59122
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December 23, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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