Texas REP's Sought Waiver of TPV Requirement For New Sales Approach Set for Hearing, PUCT Weighs Whether Generic Rulemaking Needed

The Public Utility Commission of Texas adopted a preliminary order concerning IGS Energy's request for a waiver of the third party verification requirements for door-to-door sales using its new ipad enrollment process, setting the matter for hearing, as Commissioners considered whether a rulemaking would be a more appropriate approach to the request.

Click here for specifics and background on IGS Energy's waiver request and new sales process

While setting the matter for hearing, Chairman Donna Nelson said that she felt the issue may be more appropriate for a rulemaking where a broader set of stakeholders participates, but was also weary of the prospect of re-opening the REP rules given the, "painful," nature of such proceedings, and welcomed resolution of the issue in a contested case, if possible.

Nelson said that she, "generally favor[s]," TPVs and set a, "high hurdle," to waive the existing requirement for door-to-door sales to be third-party verified, noting that TPVs also serve to protect the REP.

Commissioner Kenneth Anderson agreed that a rulemaking may be eventually needed, but said that proceeding with the contested case could benefit the rulemaking, as more facts are developed about the specific sales and enrollment process. Anderson questioned whether, even if the rule were amended, individual case-by-case decisions would still be required due to the specific facts of each REP's sales and enrollment process.

Anderson stressed that he did want to encourage innovation and technological advances by REPs

Commissioner Brandy Marty Marquez also did not want to stand in the way of REPs' technological innovation, noting the maturity of the market and customers

Docket 44518