Provisional Texas Electric Broker Registration Process To Cease, As PUC Staff Will Review Broker Application, For Interim Status Pending Final Rule, Within Statutory Timeline

Texas PUC Staff issued a memo informing stakeholders that it will cease its originally used "provisional" registration of brokers, as Staff can now complete reviews, for interim registrations, within the timeframe prescribed by law.

As previously reported, SB 1497, 86th Legislature, amended Subchapter H, Chapter 39 of the Utilities Code to add Section 39.3555 to provide for registration of brokers. The law took effect on September 1, 2019. After the effective date, retail electric providers were prohibited from providing bids or offers to a broker that had not registered with the Commission.

The Commission adopted an interim registration form in Project No. 49711 on August 8, 2019. The law requires staff to process applications for broker registration applications no later than 60 days after the application has been filed.

Staff established a provisional broker list and added applicant names as they were filed to allow brokers to continue providing broker services pending staff review. Once the review was complete, applicants were removed from the provisional list and provided a broker registration number on an interim basis pending the adoption of a rule in Project No. 49794.

"This memo serves as notice to all interested parties that staff is confident that any new incoming broker registration applications can now be processed within the allotted 60-day period. Therefore, broker registration applications filed after October 25, 2019, will no longer be added to the provisional broker list and filed applications will be processed within the 60-day period," Staff said

"Once staff has processed the application and deems it complete, staff will send an email to the applicant that the application has been approved on an interim basis pending the adoption of a broker registration rule in Project No. 49794 along with the assigned broker registration number," Staff said

For applications found to be deficient and not cured, staff will contact the applicant to advise them of the deficiencies and the need to file additional information. Staff will continue working with applicants to finalize any outstanding applications on the existing provisional list.

Docket 49779