Texas Staff File Draft Proposal for Adoption Concerning REPs' Obligations When Disconnecting Multi-Family Dwellings

Staff of the Public Utility Commission of Texas have filed a draft proposal for adoption that would, consistent with recent legislation, require retail electric providers to send a copy of a disconnection notice to municipalities when ordering the disconnection of certain multi-family dwellings.

Specifically, the proposed rule would provide that REPs shall send a written notice of service disconnection to a municipality before authorizing disconnection of service to a non-submetered master metered multifamily property for nonpayment if:

(A) the property is located in the municipality and

(B) the municipality establishes an authorized representative to receive the notice as described by the rule.

"The retail electric provider shall email the written notice required by this subsection to the municipality's authorized representative not later than the 10th day before the date electric service is scheduled for disconnection," the draft provides. Under the proposal for adoption, additional notice may be provided by third-party commercial carrier delivery or certified mail.

The draft rule defines "non-submetered master metered multifamily property" as, "an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but not submetered."

Under the rule, the PUCT would post municipality contact information on its website for those municipalities wishing to receive disconnection notices. Specifically, such information would be posted on the PUCT's site between January 1 and January 15 of a calendar year. Under the draft, such contact information posted by the Commission shall remain in effect during the subsequent 12-month period of February 1 through January 30 for the purpose of the written notice of disconnection required by the rule.

Docket 41614