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(A) Suspension and revocation. City may suspend or revoke a REP’s registration and authority to operate within the municipality only upon a Commission finding that the REP has committed significant violations of PURA, being Tex. Utilities Code, §§ 11.001 et seq. and Tex. Utilities Code, Ch. 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 chapter.
(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 he 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 must satisfy to cure 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.
(B) Significant violations. Significant violations include, but are not limited to, the following:
(1) Providing false or misleading information to the Commission;
(2) Engaging in fraudulent, unfair, misleading, deceptive or anti-competitive business practices or unlawful discrimination;
(3) Switching, or causing to be switched, the REP for a customer without first obtaining the customer’s permission;
(4) Billing an unauthorized 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 law;
(6) Failure to maintain the minimum level of financial resources as required by the Commission;
(7) Bankruptcy, insolvency or the inability to meet financial obligations on a reasonable and timely basis;
(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 independent system operator of the transmission grid;
(10) A pattern of not responding to the Commission 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 registrant or principal employed by the registrant, of any crime involving fraud, theft, or deceit related to the registrant’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, being Tex. Utilities Code, § 39.106(f); and
(15) Failure, or a pattern of failures to meet the conditions or Commission rules or orders.
(2005 Code, § 17-4-4) (Ord. 030320D, passed - -)