16 Tex. Admin. Code § 25.364 - Decertification of an Independent Organization
(a) Purpose. This section establishes the
procedures for the decertification of an independent organization and the
transfer of assets to a successor organization pursuant to Public Utility
Regulatory Act (PURA) §39.151(d).
(b) Applicability. This section applies to
any organization that the commission has certified as an independent
organization pursuant to PURA §39.151.
(c) Initiation of proceeding to decertify.
The commission may initiate a proceeding to revoke an independent
organization's certification. Prior to initiating a proceeding to revoke a
certification, the commission may conduct an audit or study of the performance
of an independent organization with respect to its efficiency and effectiveness
in carrying out the duties of an independent organization under PURA and this
title. Any such audit or study may be conducted or supervised by the commission
and shall be funded by the independent organization.
(d) Standard for decertification. The
commission may issue an order decertifying an independent organization if it
finds that the organization has committed significant violations of PURA or
commission rules or failed to efficiently and effectively carry out the duties
of an independent organization.
(e)
Order revoking certification. The commission's order revoking certification
shall ensure continuity of operations of the independent organization and shall
designate the successor organization that will assume the functions of the
independent organization. The commission order revoking certification will
provide for the independent organization to transfer its assets and liabilities
to the successor independent organization designated by the
commission.
(f) Selection of
successor organization. Prior to the decertification of an independent
organization, the commission shall designate, and certify pursuant to PURA
§39.151(c), a successor independent organization from among persons that
have submitted proposals in response to the commission's request. To the extent
that there are duties performed by the current independent organization that
are not required by statute, organizations other than a successor independent
organization may be designated to assume those functions.
(g) Transfer of assets. The transfer of
assets and liabilities from a decertified independent organization to its
successor organization shall be made in a way that ensures that the functions
of the independent organization continue to be provided reliably and without
interruption. The commission may impose specific conditions or requirements
upon the transfer of assets and liabilities.
(h) Continuity of operations. To ensure that
all of the required functions of the independent organization continue to be
carried out during the decertification and transfer process, the commission,
upon its own initiative, may order the independent organization or its
successor organization, or both, to perform or continue certain acts related to
the organization's operation. These include, but are not limited to, capital
investment projects, financing, meeting or renegotiating contractual
obligations, and employment of essential personnel.
Notes
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