Texas Retail Provider To Pay $40,000 To Resolve Alleged Failure To Timely Remove Switch-Holds

ENGIE Retail, LLC d/b/a Think Energy would pay $40,000 under a settlement with Staff of the Public Utility Commission of Texas to resolve Think Energy's alleged violation of 16 Tex. Admin. Code §§ 25.480(m) and (j)(8) (TAC), concerning removal of switch-holds, for the company's alleged failure in timely removing 8 switch-holds.

16 TAC § 25.480(m) requires that the REP request that the TDU remove the switch-hold, "after the customer's obligation to the REP relating to the switch-hold is satisfied."

16 TAC § 25.480(j)(8) provides that a REP "shall submit a request to remove the switch-hold, pursuant to subsection (m) of this section, after the customer's payment of the deferred balance owed to the REP."

According to the settlement, "In April 2016, Oversight and Enforcement (O&E) opened an investigation of Think Energy as a part of O&E's compliance review of retail electric providers (REPs) that provide residential electric service in Texas."

"On April 15, 2016 O&E sent informal RFIs to Think Energy requesting switch-hold data for the period beginning January 1, 2015 and ending December 31, 2015," the settlement states

According to the settlement, "Data provided by Think Energy shows that Think Energy did not timely initiate a transaction to release eight switch-holds after the customer's obligation to the REP related to the switch-hold was satisfied."

According to the settlement, Think Energy asserts that its failure to timely release switch-holds was due to a system error that was discovered and corrected through a Think Energy internal audit in September 2015, prior to notice of O&E's April 2016 investigation.

According to the settlement, "On average, the eight switch-holds remained in place for 248 consecutive days after the customer's obligation to the REP related to the switch-hold was satisfied."

Docket 47656