Texas PUC Staff File Petition To Revoke Registration Of Broker

The Staff (Commission Staff) of the Public Utility Commission of Texas (Commission) filed a petition to revoke the electricity broker registration of R.E.S. Nation, LLC (RES)

R.E.S. Nation, LLC has the opportunity to request a hearing on the petition and allegations contained therein

The petition is believed to be the first such petition filed before the PUC (broker registrations being a relatively new component of the state's retail electric market)

Staff alleged that, on April 9, 2021, RES filed a certificate of termination at the Texas Secretary of State which had the effect of voluntarily terminating RES's registration to conduct business in Texas. Staff alleged that, under 16 TAC § 25.112(f), the deadline for RES to provide notification of its voluntary termination would have been 30 days from April 9, 2021, or May 9, 2021. "A review of Commission records shows that, as of December 13, 2021, RES had not amended its registration to reflect the change in its operational standing with the Texas secretary of state. Commission Staff contends that RES' s failure to report its voluntary termination by the deadline represents a violation of 16 TAC § 25.112(f)," Staff alleged

Staff further alleged, "On April 19, 2021, Commission Staff forwarded to RES a complaint filed by one of RES's clients. RES was required to respond to the complaint by May 10, 2021. However, RES failed to provide a response to the complaint. Additionally, Commission Staff forwarded to RES a second complaint filed by a different RES client on December 7, 2021. The complaint was returned via email the same day as 'undeliverable'. Both of these instances represent a repeated pattern of failing to respond to the Commission in violation of 16 TAC § 25.112(g)(4)."

"Based on the information above, Commission Staff recommends that broker registration number BR190275 should be revoked under 16 TAC § 25.112(g). RES has violated 16 TAC §§ 25.112(f) by failing to amend its registration to reflect changes in the information it previously submitted, and RES has violated 16 TAC § 25.112(g)(4) by repeatedly failing to respond to client complaints in a timely fashion. Moreover, if RES's broker registration stays active, it would be providing broker services without being in good standing to do business in Texas. Accordingly, Commission Staff recommends revocation of broker number BR190275," Staff alleged

Docket 52992