Texas PUC Rejects Aggregator Application Of "Power of Choosing Inc."

The Texas PUC has rejected, without prejudice, the application of Power of Choosing Inc. for an electric aggregator certificate.

EnergyChoiceMatters.com had exclusively first reported Power of Choosing Inc.'s application for an aggregator certificate to serve commercial and industrial customers and municipalities last year

As previously reported, on June 25, 2018, Power of Choosing Inc. filed an application for registration as Class II.A aggregator, under 16 Texas Administrative Code (TAC) § 25.111.

On July 19, 2018, Commission Staff filed a recommendation that the registration should be denied because the legal name "Power of Choosing Inc." is similar to the Commission's website "Power to Choose" and might mislead consumers.

On July 20, 2018, the administrative law judge issued a notice directing Power of Choosing Inc. to respond to Commission Staff s recommendation or withdraw their application. No response was received.

To date, Power of Choosing Inc. has not responded to the administrative law judge's notice.

"Under 16 TAC § 25.111(h)(3)(C), the Commission must determine whether a registering party is capable of fulfilling consumer protection provisions, disclosure requirements and marketing guidelines under PURA. All buyers of retail electric services are entitled to protection from fraudulent, unfair, misleading, deceptive, or anti-competitive practices under PURA §17.004. Under 16 TAC § 25.111(h)(3)(D), unacceptable registrations will be rejected without prejudice to refiling. Accordingly, the requested registration is rejected without prejudice under 16 TAC § 25.111(h)(3)(D)," an ALJ said in rejecting the application without prejudice