The city council finds that it is in the best interest of the public to require that a retail electric provider (REP) register as a condition of serving city residents. This article establishes a "safe harbor" process for registration of retail electric providers to standardize notice and filing procedures, deadlines, and registration information and fees. The "safe harbor" registration process provides certainty to the city and retail electric providers, thereby facilitating the development of a competitive retail electric market in the state.
(Ordinance 2695, § 1(A), adopted 4/14/2003)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commission or PUC
means the public utility commission of the state.
PURA
means the Texas Public Utility Regulatory Act, as amended.
Registration form
means the registration form approved by the commission in accordance with Commission Substantive Rule § 25.113 and available on the commission's website or from the commission's central records division.
REP
means retail electric provider.
Resident
means any electric customer located within the city, regardless of customer class.
Revocation
means the cessation of all retail electric provider business operations within the city, pursuant to commission order.
Suspension
means the cessation of all retail electric provider business operations within the city associated with obtaining new customers, pursuant to commission order.
(Ordinance 2695, § 1(C), adopted 4/14/2003)
The registration requirements apply equally to all retail electric providers and types of retail electric providers. However, the city may exclude from its registration requirement the retail electric provider that provides service retail only to the city's own electric accounts as long as the retail electric provider providing service to the city does not serve any residents of the municipality.
(Ordinance 2695, § 1(D), adopted 4/14/2003)
(a) 
Processing.
Registrations of retail electric providers will be processed administratively by the city.
(b) 
Time for registration.
A retail electric provider shall register within 30 days after the effective date of the ordinance from which this article is derived or 30 days after providing retail electric service to any resident of the city, whichever is later.
(c) 
Registration form.
A retail electric provider shall register with the city by completing the registration form approved by the commission, and signed by an owner, partner, officer, or other authorized representative of the registering party. Forms may be submitted to the city by mail or facsimile.
(d) 
Review of registration form.
The city shall review the submitted registration form for completeness, including the remittance of the registration fee. Within 15 business days of receipt of an incomplete registration, the city shall notify the registering party in writing of the deficiencies in the registration. The registering party shall have 20 business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within 20 business days, the city shall notify the registering party that the registration is rejected without prejudice.
(Code 1975, § 9-71; Ordinance 2695, § 2(A), adopted 4/14/2003)
The city shall require a retail electric provider to provide only the information set forth in the registration form.
(Code 1975, § 9-71; Ordinance 2695, § 2(B), adopted 4/14/2003)
Retail electric providers shall pay a reasonable administrative fee for the purpose of registration.
(1) 
Each retail electric provider required to register under this article shall pay to the city a one-time registration fee in the amount as established in Appendix A.
(2) 
A retail electric provider shall pay a late fee as established in Appendix A if the retail electric provider fails to register within 30 days after the ordinance requiring registration becomes effective or 30 days after providing retail electric service to any resident of the municipality, whichever is later.
(Code 1975, § 9-71; Ordinance 2695, § 2(C), adopted 4/14/2003)
(a) 
Post registration requirements; notification of changes.
A retail electric provider shall notify the city within 30 days of any change in information provided in its registration. In addition, a retail electric provider shall notify the city within ten days if it discontinues offering service to residents of the city.
(b) 
Re-registration.
If a retail electric provider's registration is revoked and the retail electric provider subsequently cures its defects and resumes operations it must re-register. In that circumstance, the retail electric provider may register in the same manner as a new retail electric provider.
(Code 1975, § 9-71; Ordinance 2695, § 2(D), adopted 4/14/2003)
The city may suspend or revoke a retail electric provider's registration and authority to operate within the municipality upon a commission finding that the retail electric provider has committed significant violations of PURA Chapter 39 or rules adopted under that chapter. The city will not suspend or revoke the registration of the affiliated retail electric provider or provider of last resort (POLR) serving residents in the city. The city shall not take any action against a retail electric provider other than suspension or revocation of a retail electric provider's registration and authority to operate in the municipality, or imposition of a late fee in accordance with this article.
(1) 
The city may provide a retail electric provider with a warning prior to seeking to suspend or revoke a retail electric provider's registration.
(2) 
The city shall provide the retail electric provider with at least 30 calendar days written notice, informing the retail electric provider that its registration and authority to operate shall be suspended or revoked. The notice shall specify the reason for such suspension or revocation.
(3) 
The city may order that the retail electric provider's registration be suspended or revoked only after the notice period has expired.
(4) 
In its suspension order, the city shall specify the reasons for the suspension and provide a date certain or provide conditions that a retail electric provider must satisfy to cure the suspension. Once the suspension period has expired or the reasons for the suspension have been rectified, the suspension shall be lifted.
(5) 
In its revocation order, the city shall specify the reasons for the revocation.
(6) 
A retail electric provider may appeal a suspension or revocation order to the commission.
(Code 1975, § 9-74; Ordinance 2695, § 3, adopted 4/14/2003)