| (F) The aggregator shall maintain records on an ongoing basis
of authorizations from the public entities that have authorized it to provide
aggregation services.
(8) A person that initially received its registration on the
basis of not accepting payments for aggregation services, and was therefore
not subject to subsection (g) of this section, shall amend its registration
with a showing to the commission that it is able to comply with the requirements
of subsection (g) of this section in advance of accepting payments.
(9) Persons registered pursuant to the alternative requirements
for limited registration specified in subsections (f)(2) and (g)(2) of this
section shall make available to the commission the written consent of individual
customers, if requested.
(10) A registered aggregator that ceases to provide aggregation
services may withdraw its registration by notifying the commission 30 days
prior to ceasing operations and providing proof of refund of any monies owed
to customers. An aggregator that withdraws its registration is not required
to comply with paragraphs (1)-(9) of this subsection, following
such a withdrawal.
(11) A registration shall not be transferred without prior
commission approval. The transferee shall submit an application for registration
in accordance with this section. The commission shall determine whether to
approve the transfer within 60 days of the receipt of a complete application
submitted in accordance with subsection (h) of this section.
(j) Suspension and revocation of registration and administrative
penalty. Pursuant to PURA §39.356, registrations granted pursuant to
this section are subject to suspension and revocation for significant violations
of PURA or other rules adopted by the commission. At its discretion, the commission
may also impose an administrative penalty for a significant violation. Significant
violations include, but are not limited to, the following:
(1) providing false or misleading information to the commission;
(2) engaging in fraudulent, unfair, misleading, deceptive or
anti-competitive practices;
(3) failing to maintain the minimum level of financial resources
required under subsection (g)(1) of this section, if applicable;
(4) a pattern of failure to meet the conditions of this section,
other commission rules, or orders;
(5) bankruptcy, insolvency, or failure to meet its financial
obligations on a timely basis;
(6) suspension or revocation of a registration, certification,
or license by any state or federal authority;
(7) conviction of a felony by the registrant or a principal
or officer employed by the registrant, of any crime involving fraud, theft
or deceit related to the registrant's aggregation service;
(8) failure to operate within the applicable legal parameters
established by PURA §§39.353, 39.354, 39.3545, and Local Government
Code Chapter 303;
(9) failure to respond to commission inquiries or customer
complaints in a timely fashion;
(10) switching or causing to be switched the REP of a customer
without first obtaining the customer's authorization; or
(11) billing an unauthorized charge, or causing an unauthorized
charge to be billed to a customer's retail electric service bill.
(k) Sunset of affiliate limitation. The provisions of this
section that speak to a prohibition on aggregators from affiliating with REPs
cease to be effective July 1, 2003. When this occurs, the agency disclosures
required in subsections (f)(1)(K) and (i)(2) of this section shall also include
a requirement to disclose any affiliate relationships between the aggregator
and REPs.
|
