1. (a) Applicability. This section contains the registration and renewal of registration requirements for a power marketer. A person must be registered as a power marketer with the commission in order to participate in the Texas wholesale market as a power marketer. The registration of a person already registered as a power marketer as of the effective date of this section expires on January 1, 2024 unless the person files a new registration in compliance with the requirements of this section.

2. (b) Registration information. To register as a power marketer, a person must submit the following information in the manner established by the commission.

   1. (1) The registrant's contact information, including the registrant's:

      1. (A) physical and business mailing address;
      2. (B) business telephone number; and
      3. (C) business e-mail address.
   2. (2) The name of the current regulatory contact, and the contact's e-mail address and telephone number.
   3. (3) The addresses of any facilities used by the registrant in Texas.
   4. (4) A description of the activities the registrant will participate in, and services provided.
   5. (5) As applicable, copies of all information filed with the Federal Energy Regulatory Commission (FERC) relating to the registrant's FERC registration to sell electric energy at market-based rates.

   6. (6) An affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant affirming that the registrant qualifies as a power marketer. The affidavit must also include the following information:

      1. (A) the business name of any affiliated entity registered with the commission and the type of commission registration associated with each affiliated entity;
      2. (B) whether each affiliate buys or sells electricity at wholesale in Texas; sells electricity at retail in Texas; or is an electric cooperative or municipally owned utility in Texas; and
      3. (C) the business name of any affiliated qualified scheduling entity.
3. (c) Update of registration. A power marketer must update, in a manner established by the commission, its registration within 30 days of a change to information listed under subsection (b) of this section.

4. (d) Renewal of registration. A power marketer must renew its registration on or before November 1 of each calendar year by submitting, in a manner established by the commission, the information required by subsection (b) of this section or by submitting a statement that the power marketer's registration information on file with the commission is current.

   1. (1) Commission staff will send one notice to the regulatory contact listed for a power marketer that has not submitted its registration renewal by November 1st. Commission staff's failure to send this notice does not excuse a power marketer from complying with any of the requirements of this section.
   2. (2) A power marketer registration that is not renewed by December 31st of each calendar year expires.
   3. (3) Commission staff will notify Electric Reliability Council of Texas of a power marketer whose registration has expired.
   4. (4) A person may not continue to operate as a power marketer in Texas after its registration has expired.
   5. (5) A person whose power marketer registration is expired may apply for a new registration at any time.
5. (e) Commission list of power marketers. The commission will maintain a list of power marketers registered in Texas on the commission's website. A power marketer that fails to renew its registration under subsection (d) of this section may be listed as "Expired" on the commission's list of power marketers.

Source Note:The provisions of this §25.105 adopted to be effective April 26, 2023, 48 TexReg 2089.