The PUCT has launched an investigation into REP fees. The investigation appears to be industry-wide with REPs receiving Requests for Information from PUCT staff. The requests seek information relating to certain types of fees being charged by REPs such as connection fees, disconnect fees, and late fees. Since there is no labelling convention for these types of non-recurring fees, the staff’s questions are meant to broadly inquire of REPs whether they charge fees for these types of activities, and if so, what they call their fees, how these fees are defined in their Terms of Service documents, the dollar amount of such fees, and the total dollar amount of such fees collected in 2013.
Don’t forget your REP annual reports are due to the PUCT tomorrow (March 5, 2014) if your fiscal year is the same as the calendar year. See 25.107(i)(5) for more information. The annual report is filed using the PUCT Portal, but proof of your filing should be filed in Docket 42141.
For an Option 1 REP, the REP shall file a report due on March 5, or 65 days after the end of the REP or guarantor’s fiscal year (annual report), and August 15, or 225 days after the end of the REP or guarantor’s fiscal year (semi-annual report), of each year.
(A) The annual report shall include:
(i) Any changes in addresses, telephone numbers, authorized contacts, and other information necessary for contacting the certificate holder.
(ii) Identification of areas where the REP is providing retail electric service to customers in Texas compiled by zip code.
(iii) A list of aggregators with whom the REP has conducted business in the reporting period, and the commission registration number for each aggregator.
(iv) A sworn affidavit that the certificate holder is not in material violation of any of the requirements of its certificate.
(v) Any changes in ownership.
(vi) Any changes in management, experience, and personnel relied on for certification in each semi-annual report before the REP begins serving customers and in the first semi-annual report after the REP serves
(vii) Documentation to demonstrate ongoing compliance with the financial requirements of subsection (f) of this section, including, but not limited to, calculations showing tangible net worth, financial ratios or shareholders’
equity, as applicable, and the amount of customer deposits and the balance of an account in which customer deposits are held, supported by a sworn statement from an executive officer of the REP attesting to the accuracy, in all material respects, of the information provided. Any certified calculations provided as part of the annual report to demonstrate such compliance shall be as of the end of the most recent fiscal quarter. A REP
may submit any relevant documentation of the type required by subsection (f)(4) of this section to demonstrate its ongoing compliance with the financial requirements of subsection (f) of this section.