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Control Number : 44909Item Number: 4Addendum StartPage : 0
PUC DOCKET NO. 44909§§APPLICATION OF TRIEAGLEENERGY LP FOR AN AMENDMENTTO ITS RETAIL ELECTRICPROVIDER CERTIFICATEjPUSLIC UTILITY'CtJi;lltMM. JS IO1V§§§§OF TEXASMOTION TO INTERVENE AND COMMENTS OF TXU ENERGY RETAIL COMPANY LLCNOW COMES TXU Energy Retail Company LLC (TXU Energy) and files this Motion toIntervene in the above-referenced proceeding pursuant to Commission Procedural Rules §22.103 and22.104, and in support thereof, respectfully shows as follows:I.BASIS FOR INTERVENTIONOn July 7, 2015, TriEagle Energy, LP (TriEagle) filed an application for an amendment to itsretail electric provider (REP) certificate to reflect changes in TriEagle's assumed names in Texas.TriEagle has requested the additional certificate names of "Energy Rewards" and "Viridian Energy" andthe deletion of existing certificate name "Pilot Energy." On July 14, 2015, TriEagle filed supplementalinformation in this docket, including a response referencing a July 9, 2015, email from CommissionStaff that sought assurances from TriEagle that if TriEagle's application was approved, TriEagle wouldnot use the d/b/a "Energy Rewards" as a basis for legal action in certain circumstances. TriEagle'sresponse states that "it will not take any legal action against utilities that utilize energy reward programsthat encourage energy conservation solely due to their use of the term energy rewards' in describing ornaming their products" (emphasis added).'TXU Energy is also a REP providing service directly to retail customers, including products andservices that may include use of the term "energy rewards," and may be directly and substantiallyaffected by the outcome of this docket. For reasons further elaborated upon in the section below, TXUEnergy is requesting to intervene in this case out of an abundance of caution to ensure that TriEagle,d/b/a! "Energy Rewards," would take no legal action against utilities or retail electricity providers thatuse or include the term "energy rewards" for any customer reward product, program or electricity plannames.For the reasons stated herein, TXU Energy has a justiciable interest that may be adverselyApplication of TriEctgle Energy LP for an Amendment to its Retail Electric Provider Certificate, Docket No. 44909,Additional Information Provided by TtiEagle Energy LP at 3 (July 14, 2015).I4
MOTION TO INTERVENE AND COMMENTS OF TXU ENERGYPage 2 of4affected by the outcome of the proceeding.16 Tex. Admin. Code § 22.104(b) (TAC) requires that motions to intervene be filed within 45days from the date an application is filed with the Commission, unless otherwise specified. TriEaglefiled its application on July 7, 2015. Therefore, this request to intervene and submission of comments istimely filed.ILCOMMENTSTXU Energy has a substantial interest in the procedural schedule of this docket and isspecifically concerned with the potential impact the additional certificate name of "Energy Rewards"could have on TXU Energy's programs and plan names. The Commission's rules recognize the need fornames on certificates to avoid being misleading or vague and are constructed so as to avoid this: 16 TAC§ 25.107(e)(1)(H) states, "Business names shall not be deceptive, misleading, vague, otherwise contraryto §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates), orduplicative of a name previously approved for use by a REP certificate holder." TXU Energy currentlyutilizes products, plans and programs that include the term "energy rewards" that precede TriEagle'sapplication, and the d/bla "Energy Rewards" may be vague, misleading or confusing to Texas electricityconsumers with respect to distinguishing between TXU Energy's plans and programs and those ofTriEagle.With respect to TriEagle's July 14, 2015, supplemental filing, TXU Energy is concerned thatTriEagle has narrowly stated their confirmation of legal non-action on a basis that is restrictively definedso as to not apply to any of its direct retail competitors. Notably, TriEagle uses the term "utility" in itsfiling, which is a term that as it pertains to electric service specifically excludes REPs.2 Furthermore,TriEagle specifically qualifies its attestation to legal non-action such that it is limited to "programs thatencourage energy conservation." However, the term "energy rewards" in the Texas electricity market isnot limited in application to energy conservation programs; it may also apply to programs that providecustomers with rewards based on energy consumption, brand loyalty or other factors. As such, TXUEnergy has reasonable concern that TriEagle may seek to take legal action against REPs or other market' See Public Utility Regulatory Act, Tex. Util. Code Ann. §31.002(6) (PURA) and 16 TAC § 25.5(41).2
MOTION TO INTERVENE AND COMMENTS OF TXU ENERGYPage 3 of 4participants (including electric utilities) that use the term "energy rewards" for programs that are notlimited to encouraging energy conservation.11.CONTACT INFORMATIONTXU Energy's authorized legal representative in this proceeding is:John L. MunnSenior Regulatory Counsel, TXU Energy6555 Sierra Boulevard, 3'u FloorIrving, Texas 75039972.868.2823972.556.6119 (facsimile)1ohn.m un n .r( i,txu. comAll pleadings, orders, and other documents in this proceeding should be served on TXU Energy'slegal representative.Ill.REQUEST FOR RELIEFFor the reasons stated in this Motion to Intervene and Comments, TXU Energy has a substantialand justiciable interest that may be adversely affected by the outcome of this docket.TXU Energytherefore respectfully requests that the Commission grant this Motion to Intervene and allow TXUEnergy to participate in this proceeding as a party.Respectfully ybmitted,By:JoturinStaVear No. 14669125Seni Regulatory CounselTXU Energy6555 Sierra Drive, P FloorIrving, Texas 75039972.868.2823972.556.6119 (facsimile)ATTORNEY FORTXU ENERGY RETAIL COMPANY LLC3
MOTION TO INTERVENE AND COMMENTS OF TXU ENERGYPage q oC4CERTIFICATE OF SERVICEI certify that a copy of this document was served on all parties of record in this proceeding onJuly ; I , 2015, by either facsimile or first class U.S. mail.- j G 4
TXU Energy currently utilizes products, plans and programs that include the term "energy rewards" that precede TriEagle's application, and the d/bla "Energy Rewards" may be vague, misleading or confusing to Texas electricity consumers with respect to distinguishing between TXU Energy's plans and programs and those of TriEagle.
