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HomeMy WebLinkAbout1515 12-11-2001ORDINANCE NO. 1515 AN ORDINANCE ESTABLISHING A REGISTRATION PROCEDURE FOR ALL RETAIL ELECTRIC PROVIDERS SELLING ELECTRIC SERVICE TO RESIDENTS IN THE CITY OF EULESS TO REGISTER WITH THE CITY PURSUANT TO TEXAS UTILITY CODE § 39.358; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless ( "City ") desires to ensure compliance with all consumer protection requirements in state law and as established by the Public Utility Commission of Texas ( "PUCT ") for Retail Electric Providers selling Electric Service to residents in the City; WHEREAS, the City desires to maintain a contact person for each Retail Electric Providers selling Electric Service to residents in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,TEXAS: SECTION 1 Retail Electric Provider Registration. Pursuant to the City's authority under Texas Utility Code § 39.358, as a condition of serving residents in the City, all Retail Electric Provider (as defined in Texas Utility Code § 31.002), shall register with the City in accordance with this ordinance. (1) Registration of Retail Electric Providers a. Registration. All Retail Electric Providers ( "REP ") prior to serving residents in the City, must complete and file with the City Secretary the REP Registration Form provided by the City. Registration will be issued in the name of the Retail Electric Provider as registered with the Public Utility Commission of Texas. When any information provided on the City Registration Form changes, the REP must inform the City of the change no more than thirty (30) days after the date the change is made. b. The Registration Form shall include: 1. The name of the Retail Electric Provider and PUCT Docket File No.; 2. The names, addresses, and telephone numbers of the contact person(s) for the Retail Electric Provider in the City; 3. A telephone number for an emergency contact at the REP which shall be available twenty -four (24) hours a day; 4. Require an attached copy of the Application for Retail Electric Provider Certification, as filed with the PUCT; (2) Compliance with Texas Public Utility Commission Customer Service Standards and Chapter 39 of the Texas Utility Code. All REPS that provide electric service to residents in the City shall strictly comply with all requirements of Chapter 39 of the Texas Utility Code, particularly Section 39.101 on "Customer Safeguards" and Section 39.353(c) concerning REP compliance with customer protection provisions and marketing guidelines established by the PUCT; and all PUCT customer protection requirements, including but not limited to PUCT Substantive Rule § 25.107(h), which includes the following minimum standards: 1. A REP may not refuse to provide retail electric service or otherwise discriminate in the provisions of electric service to any customer because of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, disability, or familial status; or refuse to provide retail electric service to a customer because the customer is located in an economically distressed geographic area or qualifies for low- income affordability or energy efficiency services. 2. A REP shall inform its customers whom to contact and what to do in the event of power outage or other electricity - related emergency. 3. A REP shall inform its customers of the customer's rights and avenues available to pursue a complaint against the REP as afforded by PURA [Texas Utility Code] § 39.101. 4. A REP shall not switch, or cause to be switched, the retail electric provider for a customer without first obtaining proper authorization from the customer. 5. A REP shall not bill, or cause to be billed, an unauthorized charge to a customer's retail electric service bill. 6. A REP shall respond in good faith when notified by a customer of a complaint. 7. A REP shall maintain a customer service staff adequate to handle customer inquiries and complaints. Ordinance No. 1515, Page 2 of 6 8. A REP may not release proprietary customer information to any person unless the customer authorizes the release in a manner approved by the commission. (3) Enforcement, Suspension and Revocation of Registration. (a) Pursuant to the City's authority under Texas Utility Code § 39.358(b), after twenty -one (21) days prior written notice to a REP detailing any significant violation of Chapter 39 of the Texas Utility Code or of any rules adopted by the PUCT under that Chapter, ( "Notice of Material Violations ") the City Council may consider suspending or revoking the City registration, however, if within fourteen (14) days of the date of the Notice of Material Violations a written request is made by the REP to make a presentation to City Council, the REP shall have a reasonable opportunity to be heard at City Council, either in writing or by a personal representative, prior to any City Council action. Twenty -one (21) days after such Notice of Material Violations and after an opportunity to be heard by the REP, if requested, the City Council may suspend or revoke a registration of a REP with the City. Upon such suspension or revocation, the REP may no longer provide electric services to residents in the City, until such suspension has expired. (b) By way of example, the PUCT has provided a non - exclusive list of significant violations, which include the following: 1. Providing false or misleading information to the PUCT. 2. Engaging in fraudulent, unfair, misleading, deceptive, or anti- competitive 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 authorized 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 PUCT Rule § 25.107; 6. Failure to maintain the minimum level of financial resources set out in subsection (f) of this section § 25.107; 7. Bankruptcy, insolvency, or the inability to meet financial obligations on a reasonable and timely basis; Ordinance No. ISIS, Page 3 of 6 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 PUCT authorized independent organization; 10. A pattern of not responding to PUCT authorized 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 certificate holder or principal employed by the certificate holder, of any crime involving fraud, theft or deceit related to the certificate holder'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 PURA § 39.106(f); and 15. Failure, or a pattern of failures to meet the conditions of PUCT Rule § 25.107 or other PUCT rules or orders. SECTION 2 SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. Ordinance No. ISIS, Page 4 of 6 PRESENTED AND APPROVED ON THE FIRST AND FINAL READING on the 11th day of December, 2001, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 6 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib aleh, Mayor ATTEST: S rt Crim, C C, ity Secretary APPROVED AS TO FORM: F-far��© � Ordinance No. 1515, Page 5 of 6 CITY OF EULESS REGISTRATION FORM FOR RETAIL ELECTRIC PROVIDER ( "REP ") (Per City REP Registration Ordinance No. 1515 1.(a) Legal Name of the Retail Electric Provider: and PUCT Docket File No. for REP Certificate No. (b) Other Trade or Commercial Names on REP PUCT Certificates, if any: 2. Contact person concerning electric service in the City: Name: Title: Address: E -mail Address: 3. Emergency 24 hour/7 day contact information person or Section of REP: Name of individual or name of Customer Service Section of REP: Address: Telephone: Fax: E -mail Address: 4. Attach a copy, with all Attachments and Affidavits of the REP Application form as filed with the Public Utility Commission of Texas (except for Confidential Information). As the representation of (Name of REP ) , a Retail Electric Provider in Texas, I have reviewed the City's REP Registration Ordinance, and on behalf of (Name of REP ) SUBMITTED on (telephone number) ' AITSTTN 1 \17RI56\1 agree to comply with it. (date) by and (fax number) (name, title) (e —mail address)