Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,245
2223-2484 p. ; 28 cm.View a full description of this periodical.
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aggregate under the terms and conditions set forth in PURA 39.354
or 39.3545, or both, shall register as a "public aggregator." The terms
of eligibility and operational requirements for each type of aggregator
are specified in paragraphs (3) and (4) of this subsection. If a person
is eligible and wishes to perform aggregation for both private and
public electricity customers, it shall obtain both registrations.
(3) Private aggregator registration. A private aggregator
may join at least two voluntary customers into a single purchasing
unit to negotiate the purchase of electricity from REPs. A private
aggregator shall:
(A) be a person and not a REP;
(B) not include municipalities, political subdivisions,
or political subdivision corporations among the customers of an
aggregation;
(C) not take title to electricity, and shall not collect
any money associated with payment or prepayment for electric
service, as distinguished from aggregation services;
(D) comply with the customer protection provisions,
disclosure requirements, and marketing guidelines of PURA and this
title;
(E) comply with terms and conditions established by
the commission to regulate reliability and integrity of aggregators.
(4) Public aggregator registration. Public aggregators
shall meet at least one of the following sets of eligibility and
operational requirements:
(A) Person that aggregates municipalities. A person
registered as a public aggregator pursuant to this paragraph may join
two or more authorizing municipal governing bodies into a single
purchasing unit to negotiate the purchase of electricity from REPs.
(B) Person or political subdivision corporation aggre-
gating political subdivisions. A person or a political subdivision cor-
poration registered as a public aggregator pursuant to this paragraph
may join two or more authorizing political subdivision governing
bodies, including municipal governing bodies, into single or multiple
purchasing units to negotiate the purchase of electricity from REPs
for the facilities of the aggregated political subdivisions.
(C) Governing body that aggregates its citizens. A
municipality or other political subdivision registered as a public
aggregator pursuant to this paragraph may negotiate for the purchase
of electricity and energy services on behalf of the affirmatively
requesting citizens of the municipality in accordance with Local
Government Code 303.002, with the option to contract with a third
party for the administration of the aggregation of the purchased
services.
(D) Administrator of citizen aggregation. A person
registered as a public aggregator pursuant to this paragraph may ad-
minister the aggregation of electricity and energy services purchased
for requesting citizens of a municipality or other political subdivision
pursuant to a contract with the municipality or political subdivision.
(d) Requirements for public bodies seeking to register as
a public aggregator. A municipality, other political subdivision, or
political subdivision corporation seeking to register and operate in
accordance with this section shall provide the following information
on a registration form approved by the commission.
(1) The legal name of the registering party as well as
any trade or commercial name(s) under which the registering party
intends to operate;(2) The registering party's Texas business address and
principal place of business;
(3) The names and business addresses of the registering
party's principal officers;
(4) The names of the registering party's affiliates and
subsidiaries, if applicable;
(5) Telephone number of the customer service department
or the name, title and telephone number of the customer service
contact person;
(6) Name, physical business address, telephone number,
fax number, and e-mail address for a regulatory contact person and
for an agent for service of process, if a different person;
(7) The types of electricity customers that the registering
party intends to aggregate; and
(8) Any other information required of public bodies on
a registration form approved by the commission.
(e) Requirements for persons seeking to register as a private
aggregator, a public aggregator, or both. A person seeking to
register under this section shall provide evidence of competency and
experience in providing the scope and nature of its proposed services
by providing the information listed in either paragraph (1) or (2) of
this subsection on a registration form approved by the commission.
(1) Standard registration.
(A) The legal name(s) of the registering party. A
registering party may operate under a maximum of five trade or
commercial names, and shall provide all names to the commission;
(B) The Texas business address and principal place of
business of the registering party;
(C) The name, title, business address, and phone
number of each of the registering party's directors, officers, or
partners;
(D) Address and telephone number for the customer
or member service department or the name, title and telephone
number of the customer service contact person;
(E) Name, physical business address, telephone num-
ber, fax number, and e-mail address for a Texas regulatory contact
person and for an agent for service of process, if a different person;
(F) The types of electricity customers that the regis-
tering party intends to aggregate;
(G) Applicable information on file with the Texas
Secretary of State, including, but not limited to, the registering party's
endorsed certificate of incorporation certified by the Texas Secretary
of State, a copy of the registering party's certificate of good standing,
or other business registration on file with the Texas Secretary of State;
(H) Disclosure of delinquency with taxing authorities
in the state of Texas;
(I) A description of prior experience of the registering
party or one or more of the registering party's principals or employees
in the retail electric industry or a related industry;
(J) The names of the affiliates and subsidiaries of
the registering party that provide utility-related services, such as
telecommunications, electric, gas, water or cable service;PROPOSED RULES March 17, 2000 25 TexReg 2245
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Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/23/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.