| (4) For applications to certify as an Option 1 REP,
the presiding officer will deny an application if the configuration
of the proposed geographic area would unduly discriminate in the provision
of electric service to any customer because of race, creed, color,
national origin, ancestry, sex, marital status, lawful source of income,
disability, or familial status; because the customer is located in
an economically distressed geographic area or qualifies for low income
affordability or energy efficiency services; or because of any other
reason prohibited by law.
(5) An Option 2 REP application for certification that
meets all other requirements of this section except for the provision
of customer affidavits under subparagraph (d)(2)(I) may be conditionally
granted by the presiding officer. If such an application is conditionally
granted, the applicant must, within 30 days from the date the application
is granted, file in the docket the affidavit or affidavits required
by subsection (d)(2)(I). The application will be withdrawn and the
application denied with respect to each customer for whom the applicant
fails to timely file the required affidavit. Within 45 days after
the application is conditionally granted, commission staff must file
a status report indicating whether each of the required affidavits
were timely filed. The presiding officer will then issue a follow-up
order confirming the approval of the application as to each customer
for whom the required affidavit was filed and denying the application
as to each customer for whom the required affidavit was not filed.
(6) Document format. If a provision of this subsection
specifies a certain format for a document that must be filed with
or submitted to the commission, an applicant must file or submit that
document in the native format specified. A document filed in its native
format must permit basic data manipulation functions, such as copying
and pasting of data.
(d) Basic requirements.
(1) A REP must maintain its certification by complying
with the following subparagraphs on an ongoing basis.
(A) Only provide retail electric service under the
name or names set forth in an approved application for certification
or subsequent amendment application. A REP's certificate must contain
the REP's legal business name and all assumed names under which it
proposes to provide service.
(B) Not use more than five assumed names in the REP's
regular course of business.
(C) Maintain an active business registration with the
Texas Secretary of State.
(D) Maintain current and accurate contact information
including:
(i) the applicant's primary contact name and title,
street and mailing address, business telephone number and toll-free
number, business e-mail address, and applicant's web address;
(ii) for the pendency of the application or amendment,
the authorized representative's name, title, street and mailing address,
telephone number, e-mail address, and web address;
(iii) regulatory contact name, title, street and mailing
address, telephone number, e-mail address and web address;
(iv) customer complaint contact name, title, street
and mailing address, telephone number including a toll-free number,
e-mail address and web address;
(v) emergency contact's name, title, telephone number,
and e-mail address, and web address; and
(E) Maintain current and accurate office information
including:
(i) An office that has street address located within
Texas that is open during normal business hours for the purpose of
providing customer service and making available to commission staff
books and records sufficient to establish the REP's compliance with
Public Utility Regulatory Act (PURA) and commission rules; the office
must have the following contact information where the REP's staff
can be directly reached:
(I) a business telephone number and toll-free number,
(II) a business e-mail address and web address, and
(III) a business postal address that is not a post
office box.
(ii) The applicant's state of formation or incorporation,
and the address of the applicant's primary business office; and
(iii) A mailing address, if different from the applicant's
Texas office address or primary business office address; and
(iv) The name and address of the applicant's registered
agent for the purpose of receiving service of process.
(F) Comply with all applicable scheduling, operating,
planning, reliability, customer registration, and settlement policies,
protocols, guidelines, procedures, and other protocols established
by the applicable independent organization including any independent
organization requirements for 24-hour coordination with control centers
for scheduling changes, reserve implementation, curtailment orders,
and interruption plan implementation.
(G) Comply with the registration and certification
requirements of the applicable independent organization and its system
rules and protocols, or each contract for services with a third-party
provider that is required to be registered with or certified by the
applicable independent organization.
(H) Maintain adequate staffing and employee training
to meet all service level commitments.
(I) Respond within five working days to any commission
or commission staff request for information, unless otherwise provided
by the commission, commission staff, or other applicable law.
(2) An applicant must provide the following information
to the commission to certify as a REP under this section.
(A) An application for certification or amendment to
a certificate must be made on a form approved by the commission, specify
whether the applicant seeks to obtain or amend a REP certificate,
and be accompanied by a signed, notarized affidavit attesting that
all material provided in the application is true, correct, and complete.
The affidavit must be signed by an executive officer of the applicant.
(B) Information related to the applicant's status as
a legal entity, including information related to its tax status and
authority to do business in Texas to verify the information required
under paragraphs (1)(A)-(C) of this subsection. The following information
must be provided:
(i) A copy of the applicant's Texas Secretary of State
registration and filing numbers associated with the registration.
A business name must not be deceptive, misleading, vague, otherwise
contrary to §25.272 of this title (relating to Code of Conduct
for Electric Utilities and Their Affiliates), or duplicative of a
name previously approved for use by a REP certificate holder.
(ii) The applicant's Texas Comptroller of Public Accounts
tax identification number, and all other relevant or other applicable
certification or file numbers.
(C) The applicant's current contact information required
under paragraph (1)(D) of this subsection.
(D) The applicant's current office information required
under paragraph (1)(E) of this subsection.
(E) Information on the applicant, including:
(i) a list of the applicant's subsidiaries and parent
companies up to the ultimate corporate parent, and any sister companies
that are registered or certified with the commission. Each company
must be identified by name and, if applicable, type of commission
registration or certification.
(ii) an ownership and corporate structure chart that
includes ownership percentages. The chart must be as detailed as practicable,
but must contain, at minimum, the entities listed under clause (i)
of this subparagraph and any entities with more than ten percent ownership
of the REP or any of the REP's parent companies with a controlling
interest in the REP.
(iii) a list of all principals, provided in Microsoft
Excel format;
(iv) a list of all executive officers, provided in
Microsoft Excel format.
(F) A statement affirming compliance with paragraphs
(1)(F) - (I) of this subsection and a short summary describing how
the applicant has complied, or for paragraph (1)(I) of this subsection
how the applicant will comply, with each subparagraph.
(G) The control number and item number where the applicant
has filed its Emergency Operations Plan as required under §25.53
of this title (relating to Electric Service Emergency Operations Plans).
(H) An applicant for an Option 1 REP certificate must
designate one of the following categories as its geographic service
area:
(i) The geographic area of the entire state of Texas;
(ii) A specific geographic area (indicating the zip
codes applicable to that area);
(iii) The service area of one or more specific TDUs,
municipal utilities, or electric cooperatives in which competition
is offered; or
Cont'd... |
