| (C) Class II.C: Public body that aggregates its citizens. A
municipality or other political subdivision registered as a Class II.C aggregator
pursuant to this subparagraph may negotiate for the purchase of electricity
and energy services on behalf of each affirmatively requesting citizen of
the municipality in accordance with Local Government Code §303.002, with
the option to contract with a third party or another aggregator for the administration
of the aggregation of the purchased services. An affirmatively requesting
citizen is a resident of the political subdivision who voluntarily agrees
to participate in the aggregation by a means that may be verified after the
fact. If the Class II.C aggregator contracts for the administration function
with a third party that is a person, other than its own employee, the person
must be a registered Class II.D aggregator.
(D) Class II.D: Administrator of citizen aggregation. A person
registered as a Class II.D aggregator pursuant to this subparagraph may administer
the aggregation of electricity and energy services purchased for each requesting
citizen of a municipality or other political subdivision in accordance with
Local Government Code §303.002 pursuant to a contract with the municipality
or political subdivision. An affirmatively requesting citizen is a resident
of the political subdivision who voluntarily agrees to participate in the
aggregation by a means that may be verified after the fact. A Class II.D aggregator
must have verifiable authorization from the political subdivision to administer
its citizen aggregation program. The authorization shall be written and may
include conditions on the administrator's transactions with its affiliated
REP, if any, when so specified by the political subdivision. The Class II.D
registration authorizes its holder to administer a citizen aggregation program
on behalf of the political subdivision but does not authorize its holder to
negotiate for the purchase of electricity and energy services on behalf of
the citizens of the political subdivision. An administrator of citizen aggregation
must register pursuant to this subparagraph when the administrator meets the
definition of "person" under this section, except when the administrator is
an individual employed by the political subdivision conducting citizen aggregation
pursuant to Local Government Code §303.002. A Class II.D aggregator may
not take title to electricity and may not be a REP or an affiliate of a REP.
(e) Requirements for public bodies seeking to register as Class
II.B or II.C aggregators. A municipality, other political subdivision, or
political subdivision corporation seeking to register and operate as a Class
II.B or Class II.C aggregator in accordance with this section shall provide
the following information on a registration form approved by the commission.
This subsection does not apply to registering parties who are persons, as
defined in this section.
(1) The legal name of the registering party as well as any
trade or commercial name(s) under which the registering party intends to operate;
(2) The registering party's Texas business address and principal
place of business;
(3) The names and business addresses of the registering party's
principal officers;
(4) The names of the registering party's affiliates and subsidiaries,
if applicable;
(5) Telephone number of the customer service department or
the name, title and telephone number of the customer service contact person;
(6) Name, physical business address, telephone number, fax
number, and e-mail address for a regulatory contact person and for an agent
for service of process, if a different person;
(7) The types of electricity customers that the registering
party intends to aggregate; and
(8) Any other information required of public bodies on a registration
form approved by the commission.
(f) Requirements for persons seeking to register as a Class
I or Class II.A or Class II.D aggregator. A person seeking any registration
under this section shall provide evidence of competency and experience in
providing the scope and nature of its proposed services by providing the information
listed in either paragraph (1) or (2) of this subsection on a registration
form approved by the commission. This subsection does not apply to registering
parties who are municipalities, other political subdivisions, or political
subdivision corporations.
(1) Standard registration.
(A) The legal name(s) of the registering party. A registering
party may operate under a maximum of five trade or commercial names. At the
time of registration, the registering party shall provide all names to the
commission and an explanation of its plan for disclosing the names to its
customers;
(B) The Texas business address and principal place of business
of the registering party;
(C) The name, title, business address, and phone number of
each of the registering party's directors, officers, or partners;
(D) Address and telephone number for the customer or member
service department or the name, title and telephone number of the customer
service contact person;
(E) Name, physical business address, telephone number, fax
number, and e-mail address for a Texas regulatory contact person and for an
agent for service of process, if a different person;
(F) The types of electricity customers that the registering
party intends to aggregate;
(G) Applicable information on file with the Texas Secretary
of State, including, but not limited to, the registering party's endorsed
certificate of incorporation certified by the Texas Secretary of State, a
copy of the registering party's certificate of good standing, or other business
registration on file with the Texas Secretary of State;
(H) Disclosure of delinquency with taxing authorities in the
state of Texas;
(I) A description of prior experience, if any, of the registering
party or one or more of the registering party's principals or employees in
the retail electric industry or a related industry;
(J) The names of the affiliates and subsidiaries, if any, of
the registering party that provide utility-related services, such as telecommunications,
electric, gas, water or cable service;
(K) Disclosure of any affiliate or agency relationships and
the nature of any affiliate or agency agreements with REPs or transmission
and distribution utilities, and an explanation of plans for disclosure to
customers and REPs with whom it does business, of its agency relationships
with REPs;
(L) A list of other states, if any, in which the registering
party and registering party's affiliates and subsidiaries that provide utility-related
services, such as telecommunications, electric, gas, water, or cable service,
currently conduct or previously conducted business;
(M) Disclosure of the registering party's known or anticipated
sources of compensation for aggregation services, and an explanation of plans
for disclosure to its customers of the sources of compensation for aggregation
services;
(N) Disclosure of the history of bankruptcy or liquidation
proceedings of the registering party or any predecessors in interest in the
three calendar years immediately preceding the registration request;
(O) Disclosure of whether the registering party, a predecessor,
an officer, director or principal has been convicted or found liable for fraud,
theft or larceny, deceit, or violations of any customer protection or deceptive
trade laws in any state;
(P) A statement indicating whether the registering party is
currently under investigation, either in this state or in another state or
jurisdiction for violation of any customer protection law or regulation;
(Q) The following information regarding the registering party's
complaint history during the three years preceding the application:
(i) Any complaint history regarding the registering party,
registering party's affiliates or subsidiaries that provide utility-related
services, such as telecommunications, electric, gas, water, or cable service,
the registering party's predecessors in interest, and principals with public
utility commissions or public service commissions in other states where the
registering party is doing business or has done business in the past. Relevant
information shall include, but not be limited to, the number of complaints,
the type of complaint, status of complaint, resolution of complaint and the
number of customers in each state where complaints occurred. The Office of
Customer Protection shall provide similar complaint information on file at
the commission for review.
Cont'd... |
