Proposed Texas Order Would Deny Company's Sought Aggregator Registration, Says Name Similar To Existing REP Would Lead To "Misleading And Deceptive" Communications To Customers

A proposed order from a Texas ALJ would deny the application of Just One Energy, LLC for an electric aggregator certificate, after concluding that, due to the similarity of the company's name to existing retail electric provider Just Energy Texas, LP d/b/a Just Energy, the use of the name Just One Energy would, "constitute communicating in a way that is misleading and deceptive."

The application of Just One Energy, LLC for an aggregator certificate, and Just Energy Texas, LP's opposition to the application, had been exclusively first reported by EnergyChoiceMatters.com (story here)

The proposed order from the ALJ notes, "On August 16, 2019, Commission Staff filed an amended recommendation, in which it contended that Just One Energy's registration should be denied. Commission Staff pointed out that, under 25 TAC § 25.111(h)(3)(C), the Commission must determine whether the registrant 'is capable of fulfilling [the] customer protection provisions, . . . and marketing guidelines of PURA.' Commission Staff argued that the name 'Just One Energy' is sufficiently similar to 'Just Energy' so as to be misleading, in violation of PURA § 17.004(a)(1), which specifies that all buyers of retail electric services are entitled to protection from fraudulent, unfair, misleading, deceptive, or anticompetitive practices."

The proposed order stated that, "Just One Energy has not responded to any of the filings by Just Energy, nor to Commission Staff's amended recommendation."

The proposed order stated that, "The Commission has, on previous occasions, expressed concern about aggregator registrations on the basis that the proposed aggregator name was similar to existing market participants. Based on the facts and arguments summarized above, the Commission concludes that the registration of Just One Energy should be denied."

The proposed order would include a finding of fact that:

"Given that Just Energy already operates as a REP in the Texas energy market, if Just One Energy were allowed to operate and advertise under the name Just One Energy as an aggregator, it would:

• constitute communicating in a way that is misleading and deceptive;

• falsely suggest or lead someone to believe that Just One Energy is a representative of Just Energy; and

• not protect buyers of retail electric services from misleading or deceptive practices."

Docket 49733