SECTION 25.492. Non-Compliance with Rules or Orders; Enforcement by the Commission

(a) Noncompliance. An aggregator or retail electric provider (REP) that fails to comply with the Public Utility Regulatory Act (PURA) or commission order may, after notice and opportunity for hearing, be subject to any and all of the following available under the law, including, but not limited to:

(1) assessment of civil and administrative penalties under PURA §15.023;

(2) civil penalties under PURA §15.028;

(3) suspension or revocation of the applicable certification or registration or denial of a request for renewal or change in the terms associated with a certification; and

(4) such other relief directed to affected customers as allowed by law.

(b) Commission investigation. The commission may initiate a compliance or other enforcement proceeding upon its own initiative, after an incident has occurred, or a complaint has been filed, or a staff notice of probable noncompliance has been served. The commission shall coordinate this investigation with any investigation that may be or has been undertaken by the Office of the Attorney General.

(c) Suspension and revocation of certification. The commission may initiate a proceeding to seek either suspension or revocation of a REP's certification consistent with §25.107(j) of this title (relating to Certification of Retail Electric Providers), or an aggregators registration consistent with §25.111(j) of this title (relating to the Registration of Aggregators).

Source Note: The provisions of this §25.492 adopted to be effective January 15, 2001, 26 TexReg 125