For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word “shall” is always mandatory and not merely directory.
The state public utility commission.
Any electric customer located within the municipality, except
the municipality itself, regardless of customer class.
The separately metered end-use customer who purchases and
ultimately consumes electricity.
A person that sells electric energy to retail customers in
this state. A retail electric provider may not own or operate generation
assets.
The cessation of all REP business operations within a municipality,
pursuant to municipal order.
The cessation of all REP business operations within a municipality
associated with obtaining new customers, pursuant to municipal order.
(Ordinance 2003-05-19-11, sec. 2,
adopted 5/19/03)
(a)
All
REPs providing commercial or residential electrical service within
the city shall register with the city manager or his/her designee
within thirty (30) days after this article requiring registration
becomes effective (ordinance adopted May 19, 2003) or within thirty
(30) days after providing retail electric service to any resident
of the municipality, whichever is later.
(b)
A
REP shall register with the city by completing a retail electric provider’s
registration form, which is attached to Ordinance No. 2003-05-19-11
as exhibit A. The retail electric provider’s registration form
shall be signed by an owner, partner, officer, or other authorized
representative of the REP.
(Ordinance 2003-05-19-11, sec. 3,
adopted 5/19/03)
The city manager shall review the REP’s submitted form
for completeness, including the remittance of the registration fee.
Within fifteen (15) business days of receipt of an incomplete registration,
the city manager shall notify the registering REP in writing of the
deficiencies in the registration. The registering REP shall have twenty
(20) business days from the issuance of the notification to cure the
deficiencies. If the deficiencies are not cured within twenty (20)
business days, the city manager shall immediately send a rejection
notice to the registering REP that the registration is rejected without
prejudice. Absent notification of rejection, the registration shall
be deemed to have been accepted.
(Ordinance 2003-05-19-11, sec. 4,
adopted 5/19/03)
If a REP who is required to register under this article fails
to register within thirty (30) days after this article becomes effective
(ordinance adopted May 19, 2003) or within thirty (30) days after
providing retail electric service to any resident of the municipality,
whichever is later, the REP shall be assessed a one-time late fee
as set forth in exhibit A to this code.
(Ordinance 2003-05-19-11, sec. 5,
adopted 5/19/03; Ordinance adopting
Code)
A REP shall notify the city manager within thirty (30) days
of any change in information provided in its retail electric provider’s
registration form. A REP shall notify the city manager within ten
(10) days of discontinuing service to residents of the city.
(Ordinance 2003-05-19-11, sec. 6,
adopted 5/19/03)
The city may suspend or revoke a REP’s registration and
authority to operate within the city upon a PUC finding that the REP
has committed significant violations of chapter 39, Texas Utilities
Code, or rules adopted under that chapter. The city shall not take
any action against a REP other than suspension or revocation of a
REP’s registration and authority to operate in the city, or
imposition of a late fee in accordance with this article.
(Ordinance 2003-05-19-11, sec. 7,
adopted 5/19/03)
The city shall provide the REP with a written warning prior
to seeking to suspend or revoke a REP’s registration.
(Ordinance 2003-05-19-11, sec. 8,
adopted 5/19/03)
The city shall provide a REP with 60 calendar days’ written
notice, informing the REP that its registration and authority to operate
shall be suspended or revoked. The notice shall specify the reason(s)
for such suspension or revocation. The city may only revoke or suspend
a REP’s registration after the notice period has expired.
(Ordinance 2003-05-19-11, sec. 9,
adopted 5/19/03)
If the city suspends a REP’s registration, the city shall
issue a suspension order which specifies the reasons for the suspension
and provides either a date certain upon which the suspension period
will expire or conditions that a REP must satisfy to cure the suspension.
The suspension period shall be lifted once the suspension period has
expired or the conditions of suspension have been completed.
(Ordinance 2003-05-19-11, sec. 10,
adopted 5/19/03)
If the city revokes a REP’s registration, the city shall
issue a revocation order that specifies the reasons for the revocation.
(Ordinance 2003-05-19-11, sec. 11,
adopted 5/19/03)
A REP shall not be required to re-register unless a REP’s
registration is revoked and the REP subsequently cures its defects
and resumes operations. A REP shall follow the same procedure for
registration set forth in this article when it re-registers.
(Ordinance 2003-05-19-11, sec. 12,
adopted 5/19/03)
