Texas Staff File Draft to Implement Cease and Desist Authority

Staff of the Public Utility Commission of Texas have filed a draft proposal for publication to implement PURA Chapter 15 Subchapter D, which grants the commission the authority to issue a cease and desist order to various market participants, including retail electric providers.

Consistent with statute, Staff's draft would provide that the Commission or executive director may issue a cease and desist order if the Commission or executive director determines that the conduct of a market participant meets one or more of the following conditions:

(1) The conduct poses a threat to continuous and adequate electric service;

(2) The conduct is hazardous;

(3) The conduct creates an immediate danger to the public safety; or

(4) The conduct is causing or can be reasonably expected to cause an immediate injury to a customer of electric services and that the injury is incapable of being repaired or rectified by monetary compensation.

Project 41659