Texas Staff Recommend Hearings on Dispute Over REPs' Charging of GRT A Decade Ago

Staff of the Public Utility Commission of Texas have recommended that a formal complaint filed by Victoria County against Noble Americas Energy Solutions concerning the imposition of the Gross Receipts Tax (GRT) on certain accounts during the 2005-07 period be referred to the State Office of Administrative Hearings.

As previously reported, Victoria County filed a formal complaint with the PUCT after a third-party billing auditor retained by the county alleged that it found that 36 of Victoria County's electric service locations were located outside of city boundaries and erroneously charged Gross Receipts Tax (GRT) during the 2005-07 period (when such service was provided by Sempra Energy Solutions).

Victoria County is seeking a total refund of $5,200, including interest.

Noble Americas Energy Solutions sought dismissal of the complaint based on the doctrine of laches, and a lack of evidence proffered by the county.

Staff requested that the matter be referred to SOAH, stating that, "There are material issues in dispute between the parties; therefore Staff believes an evidentiary record needs to be developed in order to determine whether the Complainant was overcharged for GRT on the accounts alleged in the formal complaint."

Docket 44562