dPi Energy Seeks to Assure PUCT of Compliance Going Forward

dPi Energy sought to assure the PUCT that, should it be allowed to continue as a certificated REP under new ownership, it will be compliant with Commission regulations and will not repeat any prior actions which have prompted concerns from Commissioners (37917).

The Commission is currently considering a settlement which was first reported by Matters (5/10), which would resolve Staff's petition to revoke dPi Energy's REP certificate for, among other reasons, lack of managerial and technical competency due to its 50% ownership by Zahed "Ed" Lateef (through Amvensys Telecom Holdings), who was a principal of Riverway Power when it experienced an involuntary mass transition. The stipulation would require Amvensys Telecom Holdings to divest all of its ownership and control of dPi Energy, by a redacted date.

Primarily, dPi Energy stated that a revised settlement agreement will explicitly provide that, after a limited transition period, it shall not rely on Lateef or Amvensys for any backoffice functions. dPi said that this provision was the understanding of Staff and dPi when entering the settlement, but it was not originally captured in the document.

dPi further said that the Commission's comprehensive enforcement efforts with regard to dPi, "have already ensured that, once divested, dPi will continue to be a compliant and vital part of the Texas retail electric market." Commissioners had previously expressed concern with ongoing compliance once the contemplated sale is complete (6/20).

"[A]s a consequence of the simultaneous NOV [Notice of Violation] and revocation proceedings, the Commission's message has been delivered loudly and clearly and dPi has doubled its efforts to ensure that it operates in compliance with all Commission regulations. To do so, it has hired a full-time regulatory compliance officer and an internal general counsel, as the record reflects. Based on the foregoing, the answer to whether the Commission has taken sufficient enforcement measures to ensure that dPi comports with Commission required practices and avoids the market-impugning failures of the past is 'yes,'" dPi added.

dPi said that allowing it to retain its REP certificate under new ownership would also allow it to offer new technologies and products. dPi said that it was the first REP to launch kiosk based sign-up for smart meter service and bill printing at payment locations, and will soon launch an iPhone app for smart meter service.

dPi said that it has lowered its ratio of pre-paid to post-paid load from 95% to 70% in one year.

dPi Energy serves about 25,000 customers.