Pursuant to the city’s authority under V.T.C.A. § 39.358, as a condition of serving residents in the city, all retail electric providers (as defined in V.T.C.A. § 31.002), shall register with the city in accordance with this division.
(a)
Registration of retail electric providers.
(1)
Registration.
All retail electric providers (“REP”) prior to serving residents in the city, must complete and file with the city secretary the REP registration form provided by the city. Registration will be issued in the name of the retail electric provider as registered with the Public Utility Commission of Texas. When any information provided on the city registration form changes, the REP must inform the city of the change no more than 30 days after the date the change is made.
(2)
The registration form shall include:
a.
The name of the retail electric provider and PUCT docket file no.;
b.
The names, addresses, and telephone numbers of the contact person(s) for the retail electric provider in the city;
c.
A telephone number for an emergency contact at the REP which shall be available 24 hours a day;
d.
Require an attached copy of the application for retail electric provider certification, as filed with the PUCT;
(b)
Compliance with Texas Public Utility Commission Customer Service Standards and V.T.C.A. chapter 39.
All REPs that provide electric service to residents in the city shall strictly comply with all requirements of V.T.C.A. chapter 39, particularly section 39.101 on “Customer Safeguards” and section 39.353(c) concerning REP compliance with customer protection provisions and marketing guidelines established by the PUCT; and all PUCT customer protection requirements, including but not limited to PUCT Substantive Rule § 25.107(h), which includes the following minimum standards:
(1)
A REP may not refuse to provide retail electric service or otherwise 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; or refuse to provide retail electric service to a customer because the customer is located in an economically distressed geographic area or qualifies for low-income affordability or energy efficiency services.
(2)
A REP shall inform its customers whom to contact and what to do in the event of power outage or other electricity-related emergency.
(3)
A REP shall inform its customers of the customer’s rights and avenues available to pursue a complaint against the REP as afforded by PURA [V.T.C.A.] § 39.101.
(4)
A REP shall not switch, or cause to be switched, the retail electric provider for a customer without first obtaining proper authorization from the customer.
(5)
A REP shall not bill, or cause to be billed, an unauthorized charge to a customer’s retail electric service bill.
(6)
A REP shall respond in good faith when notified by a customer of a complaint.
(7)
A REP shall maintain a customer service staff adequate to handle customer inquiries and complaints.
(8)
A REP may not release proprietary customer information to any person unless the customer authorizes the release in a manner approved by the commission.
(c)
Enforcement, suspension and revocation of registration.
(1)
Pursuant to the city’s authority under V.T.C.A. § 39.358(b), after 21 days prior written notice to a REP detailing any significant violation of V.T.C.A. chapter 39 or of any rules adopted by the PUCT under that chapter, (“Notice of Material Violations”) the city council may consider suspending or revoking the city registration, however, if within 14 days of the date of the notice of material violations a written request is made by the REP to make a presentation to city council, the REP shall have a reasonable opportunity to be heard at city council, either in writing or by a personal representative, prior to any city council action. Twenty-one days after such notice of material violations and after an opportunity to be heard by the REP, if requested, the city council may suspend or revoke a registration of a REP with the city. Upon such suspension or revocation, the REP may no longer provide electric services to residents in the city, until such suspension has expired.
(2)
By way of example, the PUCT has provided a non-exclusive list of significant violations, which include the following:
a.
Providing false or misleading information to the PUCT.
b.
Engaging in fraudulent, unfair, misleading, deceptive, or anti-competitive business practices or unlawful discrimination;
c.
Switching, or causing to be switched, the retail electric provider for a customer without first obtaining the customer’s permission.
d.
Billing an authorized charge, or causing an unauthorized charge to be billed to a customer’s retail electric service bill.
e.
Failure to maintain continuous and reliable electric service to its customers pursuant to PUCT Rule § 25.107;
f.
Failure to maintain the minimum level of financial resources set out in subsection (f) of this § 25.107;
g.
Bankruptcy, insolvency, or the inability to meet financial obligations on a reasonable and timely basis;
h.
Failure to timely remit payment for invoiced charges to a transmission and distribution utility pursuant to the terms of the statewide standardized tariff adopted by the commission;
i.
Failure to observe any scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, and procedures established by the PUCT authorized independent organization;
j.
A pattern of not responding to PUCT authorized inquiries or customer complaints in a timely fashion;
k.
Suspension or revocation of a registration, certification, or license by any state or federal authority;
l.
Conviction of a felony by the certificate holder or principal employed by the certificate holder, of any crime involving fraud, theft or deceit related to the certificate holder’s service;
m.
Not providing retail electric service to customers within 24 months of the certificate being granted by the commission;
n.
Failure to serve as a provider of last resort if required to do so by the commission pursuant to PURA [V.T.C.A.] § 39.106(f); and
o.
Failure, or a pattern of failures to meet the conditions of PUCT Rule § 25.107 or other PUCT rules or orders.
(Ordinance 1515, § 1, 12-11-01)