§ 12-996. Loss of registration.  


Latest version.
  • (a)

    Suspension and revocation. The city may suspend or revoke a retail electric provider's registration and authority to operate within the municipality only upon a commission finding that the retail electric provider has committed significant violations of the Texas Public Utility Regulatory Act (PURA), V.T.C.A., Utilities Code ch. 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 20 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 reasons 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.

    (b)

    Significant violations. Significant violations include, but are not limited to, the following:

    (1)

    Providing false or misleading information to the commission or the city;

    (2)

    Engaging in fraudulent, unfair, misleading, deceptive, or anticompetitive business practices or unlawful discrimination;

    (3)

    Switching, or causing to be switched, the retail electric provider for a customer without first obtaining the customer's permission;

    (4)

    Billing an unauthorized charge, or causing an unauthorized charge to be billed to a customer's retail electric service bill;

    (5)

    Failure to maintain continuous and reliable electric service to its customers pursuant to law;

    (6)

    Failure to maintain the minimum level of financial resources as required by the commission;

    (7)

    Bankruptcy, insolvency, or the inability to meet financial obligations on a reasonable and timely basis;

    (8)

    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;

    (9)

    Failure to observe any scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, and procedures established by the independent system operator of the transmission grid;

    (10)

    A pattern of not responding to the commission inquiries or customer complaints in a timely fashion;

    (11)

    Suspension or revocation of a registration, certification, or license by any state or federal authority;

    (12)

    Conviction of a felony by the registrant or principal employed by the registrant, of any crime involving fraud, theft, or deceit related to the registrant's service;

    (13)

    Not providing retail electric service to customers within 24 months of the certificate being granted by the commission;

    (14)

    Failure to serve as a provider of last resort if required to do so by the commission pursuant to the Texas Public Utility Regulatory Act (PURA), V.T.C.A., Utilities Code § 39.106(f); and

    (15)

    Failure, or a pattern of failures to meet the conditions of this article or commission rules or orders.

(Ord. No. 03-05, § 1(15-245), 4-7-2003; Ord. No. 03-20, § 1(15-245), 7-21-2003)