Texas PUC Staff Seek Dismissal Of Aggregator's Application Seeking Certification Under Name "Power of Choosing Inc."

Staff of the Public Utility Commission of Texas have moved to dismiss the application of "Power of Choosing Inc." (POC) for an electric aggregator certificate

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

In a memo filed in the proceeding in July (see story here), Staff had 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 its July memo, Staff had 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."

Staff said in a December 7 motion to dismiss that Power of Choosing did not timely respond to Staff's position

"As explained in Staff's July 19, 2018 recommendation, Staff continues to believe 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. POC [Power of Choosing Inc.] did not timely respond to rebut this position, as directed by the ALJ. The application should therefore be dismissed for failure to prosecute under 16 Texas Administrative Code (TAC) § 22.181(a)(1)(F)," Staff said

Docket 48486