Texas PUC Staff Oppose Aggregator's Sought Use Of Name Power of Choosing Inc.

Staff of the Public Utility Commission of Texas have recommended that the application of "Power of Choosing Inc." (POC) for an electric aggregator certificate be denied, stating in a filing that Staff believes that use of the name "Power of Choosing Inc." by the applicant, "would violate the Commission's prohibition against misleading, deceptive, or unfair competitive practices by Aggregators."

Power of Choosing Inc.'s application had been first reported by EnergyChoiceMatters.com in June.

POC indicated in its application that it is seeking registration as a Class II.A aggregator that aggregates municipalities, political subdivisions, or both, and also indicated that it is seeking to aggregate commercial and industrial customers and municipalities. Notably, the company did not seek to pool residential customers.

In a memo filed in the proceeding, Staff stated, "Staff notes that the name 'Power of Choosing Inc.' is very similar to the name of the Commission's website 'Power to Choose.' Staff is concerned that the similarity in names may cause confusion in the retail market. The requested name may possibly lead potential customers of POC to believe that the Company is sponsored by or affiliated with the Commission."

In a memo filed in the proceeding, Staff stated, "Staff believes that use of the name Power of Choosing Inc. by the applicant would violate the Commission's prohibition against misleading, deceptive or unfair competitive practices by Aggregators. Therefore, Staff recommends that the application be denied."