Retail Provider Presses Texas PUC On Establishing Procedure To Review Declaratory Order Request Concerning City's Assertion of Jurisdiction Over REP, Ordering of Customer Refund

AP Gas and Electric (TX), LLC has pressed the Public Utility Commission of Texas to establish a process to review its request for a declaratory order from the PUC stating that the Mayor of the City of McAllen, acting on the City's behalf, exceeded the City's jurisdiction when hearing and ruling on the complaint case brought to it by LFD, LLC d/b/a LFD Homefurnishings (LFD) against APG&E.

As first reported by EnergyChoiceMatters.com, the City of McAllen, Texas asserted jurisdiction in a complaint case brought to the City by the customer, and ordered AP Gas and Electric to refund a $250,000 early termination fee to the customer.

In its December 2015 request to the PUC to issue a declaratory order, AP Gas and Electric argued that though municipalities can regulate electric utilities within their jurisdiction, they have no regulatory jurisdiction over REPs.

Since the filing of its declaratory order request, while PUCT Staff has issued discovery requests to APG&E, the petition has not been assigned a Commission Administrative Law Judge and no initial procedural order has been issued in the docket.

APG&E pressed the PUCT To commence such initial procedures to begin formal consideration of its petition.

"At this time, the Petition has been at the Commission for close to two months and discovery is moving forward. Unusually, however, this docket has not been assigned a Commission Administrative Law Judge and no initial procedural Order has been issued in the docket. Because this issue is of great importance to APG&E and involves a significant issue of protecting the Commission's jurisdiction over retail electric providers, APG&E is respectfully requesting that Commission Advising and Docket Management take the customary actions of assigning an Administrative Law Judge to this docket, and issuing an Order No. 1: Requiring Comments/Recommendations on Petition, Proposed Notice, and Procedural Schedule. APG&E respectfully submits that this case is ready to move forward, and no procedural limitations or restrictions prevent the Commission from immediately beginning to process this contested case. Therefore, APG&E requests that the Commission take initial steps to commence the management of this docket," APG&E said in a February 25 filing

Docket 45486