Proposed Order Would Allow TexRep6 to Maintain REP Certificate

A proposed order from PUCT docket management would allow TexRep6 LLC, which is owned by Smartcom Energy Technologies, LLC, to maintain its REP certificate and would deny Staff's original petition to revoke the certificate (38732).

As previously reported, TexRep6 was not in compliance with the new financial requirements by a May 2010 deadline, but has subsequently come into compliance.

"Because Tex Rep6 has been able to achieve compliance with regulatory requirements and due to the unique circumstances surrounding this case, the Commission denies the Petition [to revoke]," the draft order would hold.

An outcome allowing TexRep6 to maintain the certificate was anticipated after discussion at the PUCT's September 15 open meeting (see 9/16).

The proposed order includes the following ordering paragraph:

"Entry of this Order is not intended as Commission endorsement or approval of the particular principle, treatment, or methodology that underlies TexRep6's achieved compliance with the financial, technical, and managerial requirements of P.U.C. SUBST. R. 25.107. Entry of this Order shall not be regarded as a binding holding or precedent."