|(a) Applicability. This section contains the registration
and renewal of registration requirements for a power marketer. A person
must be registered as a power marketer with the commission in order
to participate in the Texas wholesale market as a power marketer.
The registration of a person already registered as a power marketer
as of the effective date of this section expires on January 1, 2024
unless the person files a new registration in compliance with the
requirements of this section.
(b) Registration information. To register as a power
marketer, a person must submit the following information in the manner
established by the commission.
(1) The registrant's contact information, including
(A) physical and business mailing address;
(B) business telephone number; and
(C) business e-mail address.
(2) The name of the current regulatory contact, and
the contact's e-mail address and telephone number.
(3) The addresses of any facilities used by the registrant
(4) A description of the activities the registrant
will participate in, and services provided.
(5) As applicable, copies of all information filed
with the Federal Energy Regulatory Commission (FERC) relating to the
registrant's FERC registration to sell electric energy at market-based
(6) An affidavit signed by a representative, official,
officer, or other authorized person with binding authority over the
registrant affirming that the registrant qualifies as a power marketer.
The affidavit must also include the following information:
(A) the business name of any affiliated entity registered
with the commission and the type of commission registration associated
with each affiliated entity;
(B) whether each affiliate buys or sells electricity
at wholesale in Texas; sells electricity at retail in Texas; or is
an electric cooperative or municipally owned utility in Texas; and
(C) the business name of any affiliated qualified scheduling
(c) Update of registration. A power marketer must update,
in a manner established by the commission, its registration within
30 days of a change to information listed under subsection (b) of
(d) Renewal of registration. A power marketer must
renew its registration on or before November 1 of each calendar year
by submitting, in a manner established by the commission, the information
required by subsection (b) of this section or by submitting a statement
that the power marketer's registration information on file with the
commission is current.
(1) Commission staff will send one notice to the regulatory
contact listed for a power marketer that has not submitted its registration
renewal by November 1st. Commission staff's failure to send this notice
does not excuse a power marketer from complying with any of the requirements
of this section.
(2) A power marketer registration that is not renewed
by December 31st of each calendar year expires.
(3) Commission staff will notify Electric Reliability
Council of Texas of a power marketer whose registration has expired.
(4) A person may not continue to operate as a power
marketer in Texas after its registration has expired.
(5) A person whose power marketer registration is expired
may apply for a new registration at any time.
(e) Commission list of power marketers. The commission
will maintain a list of power marketers registered in Texas on the
commission's website. A power marketer that fails to renew its registration
under subsection (d) of this section may be listed as "Expired" on
the commission's list of power marketers.