Texas Staff: Interim Relief Not Justified in Declaratory Order Sought Regarding CenterPoint Brand on Broker Website

Staff of the Public Utility Commission of Texas have opposed, as unsupported, a motion for interim relief from several retail electric providers, who had sought an order from the PUCT requiring broker CenterPoint Energy Services, Inc. to cease and desist operation of its retail shopping website, myTrueCost.com, until the Commission rules on a request for a declaratory order from the retail providers regarding the use of the CenterPoint Energy name on the site.

As first reported by Matters, the REPs have sought an order from the PUCT finding that broker CenterPoint Energy Services, Inc.'s operation of an online shopping portal makes it a competitive affiliate of electric utility CenterPoint Energy Houston Electric, and thus implicates several PURA and Substantive Rule prohibitions on affiliate conduct (Docket 40636).

Addressing solely the REPs' request for interim relief pending the outcome of the proceeding, Staff responded as follows:

"Staff's position is that Petitioners' request for the Commission to issue a cease and desist order regarding the [CenterPoint Energy Services, Inc.] Retail Shopping Website is an extraordinary form of relief and that Petitioners have not demonstrated good cause for such extraordinary relief; therefore, the request should be denied," Staff said.

"The statement that alleged substantive rule violations may cause ongoing harm to customers and to the competitive retail electricity market is not sufficient for the form of interim relief sought by Petitioners. Petitioners fail to demonstrate any specific harm to customers or the competitive retail electric market. Broad generalizations of potential harm are not sufficient to issue a cease and desist order regarding the Retail Shopping Website that could be in place for an indefinite period of time until a declaratory order is issued. For the reasons stated above, Staff requests that the request for interim relief be denied," [emphasis in original]