REP - Retail Electric Provider - Registration and Reporting

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REP - Retail Electric Provider 16 Texas Administrative Code (TAC) §25.107, Certification and Obligations of Retail Electric Providers (REPs) Public Utility Regulatory Act (PURA) §39.352 Questions and Answers Is a REP required to file an Annual Report with the Commission? Where does a REP find the current docket number for filing the annual report and semi-annual report? Can REP certification be suspended or revoked by the Commission? Formatting and File Type Requirements Can an applicant rely on a guarantor to meet the financial requirements? In which docket do REPs file their irrevocable standby letters of credit? Will the transmission and distribution utility (TDU) bill the customers directly? Does the applicant need to be registered with the Secretary of State and the Comptroller's Office? Do third-party providers (i.e. subcontractors or consultants) of REPs need to be certified as REPs? Administrative Issues Is a REP required to file an Annual Report with the Commission? Yes, an Option 1 REP must file its Annual Report on March 5, or 65 days after the REP's or its guarantor's fiscal year, and file its Semi-Annual Report on August 15, or 225 days after the end of the REP's or its guarantor's fiscal year Where does a REP find the current docket number for filing the annual report and semi-annual report? The docket number is updated annually, effective January 1 of each year. The docket number can be found on the top left of the annual report submitted through the online portal. Can REP certification be suspended or revoked by the Commission? Yes. In accordance with PURA § 39.356, certification can be suspended or revoked for violating PURA or Commission Rules, including violation of the financial standards established in 16 TAC § 25.107. See § 25.107(k) and (l). Administrative penalties can also be imposed under PURA Chapter 15, Subchapter B. Formatting and File Type Requirements If 16 TAC §25.107 requires a document to be provided in a specific format, an applicant must file or submit that document in the format specified, such as the native formats for Microsoft Excel (.xls, .xlsx, .xlsm, etc.). A document filed in its native format must permit basic data manipulation functions, such as copying and pasting of data. Financial Issues Can an applicant rely on a guarantor to meet the financial requirements? Yes, but the applicant must establish the appropriate guaranty agreement as referenced in § 25.107(f)(1)(A), 25.107(f)(4)(G) and, as applicable, (f)(4)(H). Guaranty agreements must be made on the Commission’s standard form guaranty agreement. And the executed version of the guaranty agreement must be filed in Project No. 54827 In which docket do REPs file their irrevocable standby letters of credit? Project No. 37919. New letters of credits must be physically filed. Amendments can be filed electronically. Letters of credit must be made on the Commission's standard irrevocable standby letter of credit template. Will the transmission and distribution utility (TDU) bill the customers directly? No, the regulated TDU will not bill the retail customer directly. The TDU will bill the REP for transmission and distribution costs, and the REP is responsible for paying them, regardless of whether the REP successfully collects them from retail customers. The REP is responsible for billing the customers for electricity services, including the transmission delivery charges. The REP has discretion to package services as they wish, which includes whether to itemize the transmission delivery charge on the customer bill. If the retail customers do not fully pay the REP, the REP is still responsible to the TDU for the delivery charges. The REP may contract out their billing services, but it is the responsibility of the REP to hold the contractor responsible for all applicable customer protection and other performance standards. Other Issues Does the applicant need to be registered with the Secretary of State and the Comptroller's Office? Registration with these other offices of the State of Texas depends on the business structure of the applicant (e.g., incorporation status) and whether or not business operations are subject to paying taxes. The Commission rules do not make specific requirements for certification in addition to the rules of those offices, but they do require applicants to provide sufficient information to access records on file with those offices, if any. This includes the names of the applicant's affiliates and their PUC certification numbers, if any. Such information allows the Commission to determine the validity of the applicant's operating name(s) and the applicant's tax delinquency status, among other considerations. Do third-party providers (i.e. subcontractors or consultants) of REPs need to be certified as REPs? No. However, REPs are responsible for the actions of their consultants and subcontractors. Review § 25.107(a)(1)(B) carefully regarding the functional role of a REP in the market. If a REP subcontracts any function of being a REP, the REP is held liable for the subcontractor's compliance with any applicable standards, such as customer protection standards established in Public Utility Commission Substantive Rules Chapter 25, Subchapter R. If a REP in any way subcontracts the collection of payments from electricity customers, the applicable standards for which the REP is held liable include the standards for the collection of transition charges established in § 25.108, relating to Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, when such charges are assessed. Questions about a Pending Registration: Josephine Gonzalez at 512-936-7454 or Josephine.Gonzalez@puc.texas.gov Financial and Risk-Management Questions: Ethan Blanchard at 512-936-7458 or Ethan.Blanchard@puc.texas.gov