TXU Says Aggregator's Name Could Create Customer Confusion

If TXSU, LLC, an applicant for a Texas aggregator license (click here for prior story), operates or markets its products under the "TXSU" name, "there could be substantial confusion among municipal and political subdivision retail electric customers due to the similarity of the names 'TXSU' and 'TXU,'" TXU Energy said in comments to the Public Utility Commission of Texas

"To the extent that TXSU intends to operate using the name 'TXSU', TXU Energy submits that there is a significant possibility for customer confusion, in violation of PURA and the Commission's rules, because TXU Energy markets and provides retail electric service to the same types of customers to whom TXSU intends to provide aggregation services. Although TXSU is applying for an aggregator registration, as opposed to a REP certification, aggregators perform related services to REPs and operate within a similar market, because they join retail electricity customers together to negotiate the purchase of electricity from REPs. Therefore, if operating as an aggregator under the name TXSU, TXSU may lead existing and potential customers of TXU Energy to believe that TXSU is the same as, or affiliated with, TXU Energy and thereby cause substantial customer confusion as to the identity of the company from whom customers are buying aggregation, or even retail electric, services," TXU said

"This potential for confusion would be exacerbated by the similarity of TXSU's logo to TXU Energy's," TXU said. Click here to see TXSU's logo

TXU Energy said that it would not have concerns if TXSU intends to operate only under the name listed on its website (i.e., Texas Solar Utilities), but noted that TXSU's application did not include the trade name Texas Solar Utilities