O-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County, Texas, be and the same are hereby repealed in their entirety.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