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HomeMy WebLinkAboutO-2156-4-03ORDINANCE NO. 2156-4-03 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2007-12- 01 AND ORDINANCE NO. 2053-6-02 REGARDING RETAIL ELECTRIC PROVIDERS AND PROVIDING FOR NEW REGULATIONS FOR THE REGISTRATION OF RETAIL ELECTRIC PROVIDERS, REQUHUNG LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDERS PURSUANT TO THE TEXAS UTILITIES CODE AND THE RULES ADOPTED THEREUNDER; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR THE SUSPENSION OR REVOCATION OF REGISTRATION FOR SIGNIFICANT VIOLATIONS OF CHAPTER 39 OF THE TEXAS UTILITIES CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 39.358 of the TEXAS UTILITIES CODE and PUC Substantive Rule § 25.113 specifically provides for local registration of Retail Electric Providers (REP), as well as the assessment of a reasonable administrative fee for such registration; and, WHEREAS, Section 39.358 of the Texas Utilities Code further provides for the suspension or revocation of a REP's registration and operation within a city for significant violations of Chapter 39 of the Texas Utilities Code or the rules adopted by the PUC to implement Senate Bill 7; and, ' WHEREAS, registration will facilitate the City of Allen (hereinafter, "City") having accurate information concerning each REP that will be serving its residents and businesses in the event that its customers experience problems with a REP; and, WHEREAS, the City Council of the City of Allen, Texas, hereby finds that RFPs should be registered by the City and that an administrative fee of twenty-five dollars ($25) should be charged for each REP registration; and, WHEREAS, the City Council also finds it in the best interest of the City and its citizens to allow the City to monitor REPS to ensure compliance with PUC certification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Ordinance No. 2007-12-01 and Ordinance No. 2053-6-02 of the City of Allen, Collin County, Texas, be and the same are hereby repealed in their entirety. SECTION 2. The City of Allen, Collin County, Texas, hereby adopts new regulations to provide for the registration of Retail Electric Providers within the City, which shall read as follows: "REGISTRATION OF RETAIL ELECTRIC PROVIDERS Section A. General Provisions ' 1. Purpose. The City of Allen 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 ordinance establishes a "safe harbor" process for registration of REPS to standardize notice and filing procedures, deadlines, and registration information and fees. The "safe harbor" registration process provides ' certainty to City and REPS, thereby facilitating the development of a competitive retail electric market in Texas. 2. Definitions. The following words and terms, when used in this Article, shall have the following meanings, unless the context clearly indicates otherwise: "Commission" or "PUC" shall mean the Public Utility Commission of Texas. "PURA" shall mean the Texas Public Utility Regulatory Act, as amended. "REP" shall mean Retail Electric Provider. "Registration Form" shall mean 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. "Resident" shall mean any electric customer located within the City, except the City of Allen, regardless of customer class. "Revocation" shall mean the cessation of all REP business operations within City, pursuant to Commission order. "Suspension" shall mean the cessation of all REP business operations within City ' associated with obtaining new customers, pursuant to Commission order. 3. Nondiscrimination in REP registration requirements. The registration requirements apply equally to all REPS and types of REP. Section R. Registration Standards for registration of REPS. Registrations will be processed administratively by City. (a) A REP shall register within 30 days after the effective date of this Ordinance or 30 days after providing retail electric service to any resident of City, whichever is later. (b) A REP shall register with City by completing the Registration Fore approved by the Commission, and signed by an owner, partner, officer, or other authorized representative of the registering party. Forms may be submitted to City by mail or facsimile. (c) City shall review the submitted Registration Form for completeness, including the remittance of the registration fee. Within IS business days of receipt of an incomplete registration, 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, City shall notify the registering party that the registration is rejected without prejudice. Ordinance No. 2156403, Page 2 2. Information. City shall require a REP to provide only the information set forth in the Registration Form. ' 3. Registration fees. REPS shall pay a reasonable administrative fee for the purpose of registration. (a) Each retail electric provider required to register under this Article shall pay to the City a one-time registration fee in the amount of $25. (b) A REP shall pay a late fee of $15 if the REP fails to register within 30 days after this ordinance requiring registration becomes effective or 30 days after providing retail electric service to any resident of the municipality, whichever is later. 4. Post -registration monuments and re -registration. (a) A REP shall notify City within 30 days of any change in information provided in its registration. In addition, a REP shall notify City within ten days if it discontinues offering service to residents of City. (b) If a REP's registration is revoked and the REP subsequently cures its defects and resumes operations it must re -register. In that circumstance, the REP may register in the same manner as a new REP. Section C. Suspension and Revocation ' City may suspend or revoke a REP's registration and authority to operate within the municipality upon a Commission finding that the REP has committed significant violations of PURA Chapter 39 or rules adopted under that chapter. City will not suspend or revoke the registration of the affiliated REP or provider of last resort (POLR) serving residents in City. 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 municipality, or imposition of a late fee in accordance with this Article. 1. City may provide a REP with a warning prior to seeking to suspend or revoke a REP's registration. 2. City shall provide the REP with at least 30 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. 3. City may order that the REP's registration be suspended or revoked only after the notice period has expired. 4. In its suspension order, City shall specify the reasons for the suspension and provide a date certain or provide conditions that a REP most satisfy to core 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, City shall specify the reasons for the revocation. 6. A REP may appeal a suspension or revocation order to the Commission. Ordinance No. 2156-4-03, Page 3 I Section D. Notice Upon adoption of this ordinance, the City shall file this ordinance with the Commission for the purpose of submitting municipal REP registration ordinances. The filing of this ordinance in accordance with Commission rules relating to the filing of pleadings, documents, and other materials shall serve as notice of the requirement of registration with the City." SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTIONS. This ordinance shall take effect thirty-one (3 1) days from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and its filing with the Commission, and its is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF APRIL, 2003. APPROVED AS TO FORM: Peter G. Smith, eITY ATTORNEY APPROVED: Stepheff Terrell, MAYOR ATTEST: She ey B. George,'PRMC, CITY SECR]ktARY Ordinance No. 21564-03 Page 4