Texas Likely to Hear Oral Argument on Use of CenterPoint Brand by Utility, Affiliate Broker

Donna Nelson, Chair of the Public Utility Commission of Texas, requested to hear oral arguments at June 6's open meeting concerning a petition filed by various retail electric providers concerning the use of the CenterPoint Energy brand by utility CenterPoint Energy Houston Electric and broker CenterPoint Energy Services Inc., particularly with regards to an online retail shopping portal.

As previously reported, several retail electric providers have sought a declaratory order from the PUCT that broker CenterPoint Energy Services (CES), Inc.'s operation of an online shopping portal, MyTrueCost.com, 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).

The proceeding recently completed the briefing stage.

In its brief, PUCT Staff said that the proceeding is "distinguishable" from the use of the AEP brand and service mark by regulated utilities and a retail electric provider, which the PUCT previously prohibited (and was upheld on appeal). Among other things, Staff said that, "there is no evidence in this proceeding that shared branding among CenterPoint TDU and CES's MyTrueCost.com causes consumer confusion or competitive harm."