TXU Seeks Assurance Texas REP Seeking To Use Trade Name "Energy Rewards" Won't Sue Other REPs Using Term

TXU Energy Retail Company LLC filed comments at the Public Utility Commission of Texas seeking assurances that TriEagle Energy, LP, which is seeking to add the trade name Energy Rewards to its REP certificate, won't take legal action against retail electricity providers that use or include the term "energy rewards" for any customer reward product, program or electricity plan names.

As first reported by EnergyChoiceMatters.com, TriEagle Energy sought to add the name Energy Rewards, which is the brand for retail energy offerings from Comcast supplied by TriEagle's parent, Crius Energy, to its certificate. In response to apparent concern from PUCT Staff, TriEagle stated that, "TriEagle Energy can confirm that it will not take any legal action against utilities that utilize energy reward programs that encourage energy conservation solely due to their use of the term 'energy rewards' in describing or naming their products."

TXU raised concern with TriEagle's "narrow" assurance that TriEagle would not take action against "utilities" which may use the term energy rewards, as TXU said the term utility, "is a term that as it pertains to electric service specifically excludes REPs."

"TXU Energy currently utilizes products, plans and programs that include the term 'energy rewards' that precede TriEagle's application, and the d/b/a 'Energy Rewards' may be vague, misleading or confusing to Texas electricity consumers with respect to distinguishing between TXU Energy's plans and programs and those of TriEagle," TXU said

"Furthermore, TriEagle specifically qualifies its attestation to legal non-action such that it is limited to 'programs that encourage energy conservation.' However, the term 'energy rewards' in the Texas electricity market is not limited in application to energy conservation programs; it may also apply to programs that provide customers with rewards based on energy consumption, brand loyalty or other factors," TXU said

"As such, TXU Energy has reasonable concern that TriEagle may seek to take legal action against REPs or other market participants (including electric utilities) that use the term 'energy rewards' for programs that are not limited to encouraging energy conservation," TXU said

"TXU Energy is requesting to intervene in this case out of an abundance of caution to ensure that TriEagle, d/b/a 'Energy Rewards,' would take no legal action against utilities or retail electricity providers that use or include the term 'energy rewards' for any customer reward product, program or electricity plan names," TXU said