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Texas Retail Provider's Certificate To Be Revoked Under Settlement
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The retail electric provider certificate of Declaration
Energy, LLC would be revoked under a settlement between Declaration and Staff of the Public Utility Commission of Texas to resolve allegations that, "Declaration committed a significant violation of Commission rules under 16 TAC
§§ 25.107(k)(7) and (16) by failing to meet financial obligations on a reasonable and timely
basis and by failing to timely remit payment to transmission and distribution utilities
(TDUs)."
See background here
Declaration had earlier sought to relinquish its REP certificate, but, in a separate case involving another REP which similarly defaulted on TDU payments, the PUC rejected relinquishment, as the PUC found that the Commission was not authorized to disburse proceeds from a REP's security under a relinquishment (such disbursement is authorized under a revocation)
As such, the settlement provides that Declaration's REP certificate will be revoked, and that proceeds from
Declaration’s security with the PUC should be
used to satisfy outstanding debts, consistent with the waterfall payment order in 16 TAC § 25.107(f)(6)(A).
The settlement states that Declaration has failed to remit timely payment for over $3.8 million in TDU charges
Declaration's letter of credit posted with the PUC is in the amount of $500,000
The settlement does not include any administrative penalty
As previously reported, all of Declaration's customers were transferred from Declaration to various NRG Energy REPs (US Retailers, LLC; Green
Mountain Energy Company; and Reliant Energy Retail Services LLC) by April 19, 2024.
Declaration no longer serves any customers or conducts any activity as a REP.
The settlement notes that Declaration did not experience a mass transition of its customers to a provider of last resort
(POLR)
Declaration does not owe any outstanding balance to
ERCOT and has not defaulted on its obligations to ERCOT under the terms of ERCOT's standard-form
market participant agreement (SFA).
The settlement notes, "This agreement represents a
compromise of claims and allegations, and the execution of this agreement does not admit
the truth or accuracy of any such disputed claims nor is it an admission of liability."
Docket 59305
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January 30, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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