Texas City Which Had Asserted Jurisdiction To Rule On Complaint Against REP "Withdrawing" Decision, Awaits Ruling on Original Jurisdiction

The City of McAllen, Texas, which had asserted original jurisdiction over retail provider AP Gas and Electric to adjudicate a customer complaint against APG&E, is, "withdrawing," such decision.

As first reported by EnergyChoiceMatters.com, the City, in hearing a complaint case brought by LFD Homefurnishings, ordered APG&E to refund an earlier termination fee to the complainant.

APG&E filed a petition with the Public Utility Commission of Texas seeking the issuance of a declaratory or other order 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 such complaint case

In a response filed with the PUCT, the City claims that, "According to representatives of LFD, the complaint was submitted to the City following their receipt of instructions from staff at the Public Utility Commission of Texas ('Commission') that the City had original jurisdiction over the matter." [emphasis added]

"Accordingly, the City acted in good faith when it exerted authority over the matter," the City said

"Without taking a position on the legal or substantive issues raised in APG&E's appeal, the City is hereby withdrawing its December 23, 2015 Order [on the complaint]," the City said

"In the event the Commission affirmatively concludes that the City has exclusive original jurisdiction over this matter, the City will take appropriate action to ensure that the parties receive the process to which they are entitled," the City said

Docket 45486