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Texas PUC ALJ Directs REP Applicant To Provide "Active" Web Address, Reminds Of Requirement That Texas Physical Office Is For Purpose Of Providing Customer Service
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A Texas PUC ALJ has directed that an applicant for a retail electric provider certificate shall provide an "active web address" as part of its application
Specifically, an ALJ addressing the Option 1 REP certificate application of Distributed Power, LLC stated that Distributed Power's application, "listed a web address that cannot be
found online."
As first reported by EnergyChoiceMatters.com (see full story here), Distributed Power, LLC is a sister company to Flip Energy, Inc., which is a VPP scaler and a provider of tools to connect, control, and monetize energy storage
Distributed Power's REP application lists its web address as www.getdistributedpower.com
As of publication time, this web address is, under certain web browsers, reachable with a web page loading, but the page reflects a "parked" domain without any content aside from boiler plate concerning the domain's parked status
However, certain browsers used by ECM in an attempt to reach the website resulted in a DNS or similar error, with no page loading. Based on ECM's attempts, it is understood that this error reflects an issue with the interaction between the browsers being used and the website (including possibly a default response if the website is not SSL), rather than a transient issue.
It's unclear what page, if any, the ALJ reached, and if the direction to file an "active" web address was prompted by seeing a "parked" domain web page, or by seeing a DNS or similar error and not seeing any page
16 TAC § 25.107(d)(1)(E)(i)(II) provides that, to maintain a REP certificate, a REP must, "[m]aintain current and accurate office information including ... a business e-mail address and web address," where the REP’s staff can be directly reached
PUC Staff did not, in a final recommendation, raise the issue of the web address, nor any of the other issues raised by the ALJ discussed in this story, and the ALJ's various directions to Distributed Power were not the result of a Staff recommendation. Staff has recommended approval of Distributed Power's REP application
In addition to the website issue, the ALJ noted that 16 TAC § 25.107(d)(1)(E) mandates that a REP must maintain, "[a]n office that has street address located within Texas that is open during
normal business hours for the purpose of providing customer service and
making available to commission staff books and records sufficient to
establish the REP's compliance with Public Utility Regulatory Act (PURA)
and commission rules[.]"
The ALJ said that, "Distributed Power has listed a primary business office address that is in the same building as its
professional registered agent that may be a virtual office[.]"
The ALJ directed Distributed Power to confirm that its primary business office address listed in its application, in the relevant section,
is the location at which Distributed Power will be open during normal business hours for the
purpose of providing customer service and making available to Commission Staff
books and records
The ALJ also directed Distributed Power to confirm details of how Distributed Power will meet the § 25.107(e)(1)(B) requirement to have one executive officer or employee in a managerial position who has five years of
experience in energy commodity risk management of a substantial energy portfolio.
The rule allows this requirement to met by the REP entering into a contract for a term of not less than two years
with a third-party provider of commodity risk management services that has been
providing such services for a substantial energy portfolio for at least five years. A
substantial energy portfolio is defined as managing electricity or gas market risks with a
minimum value of at least $10,000,000.
Texas PUC Staff had found that a contractor on which Distributed Power will rely meets the § 25.107(e)(1)(B) experience requirement
However, Distributed Power did list in its REP application that the agreement with the contractor for such risk experience and management has, "no end date".
Citing additional information filed under seal, the ALJ said, "The named independent contract [sic] seems to work on an indefinite, month-to-month
contract, rather than for a period of 'not less than two years,'" as the ALJ directed Distributed Power to clarify how Distributed Power will meet § 25.107(e)(1)(B)
Docket 59180
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June 3, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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