Donna L.

Nelson Greg Abbott

Chairman Governor

Kenneth W. Anderson, Jr.

Commissioner

Brandy Marty Marquez

Commissioner

Brian H. Lloyd Public Utility Commission of Texas

Executive Director

3/112017

Mr Randall

North Richland Hills TX 76182

RE: Complaint # CP

Dear Mr S.

The Customer Protection Division (CPD) of the Public Utility Commission (PUC) has
received a complaint from you regarding an issue you had with Gexa Energy (Gexa). In your
complaint, you told us that feel Gexa is not billing according to the rates disclosed to you
when making your service agreement. You said you have a fixed rate contract for 12.7 for
500 kWh, 9.2 for 1,000 kWh and 4.9 for 2,000 kWh, but do not see that reflected on your
bills.

With the information provided to us, we contacted Gexa with a request that they research the
complaint against them and provide us with a response to your concerns. Gexa has supplied
us with the requested information. CPD has reviewed the information presented by both you
and Gexa in order to ensure the company has acted consistently with applicable Substantive
Rules. With their reply, we were provided with a copy of the Electricity Facts Label (EFL)
sheet, your invoices from 10/2016 to 212017, and the Terms of Service Agreement. They
verified that you had been with Gexa since you initiated service with them on 4/12/2016 and
are currently on their "Gexa Choice Plus 12" rate plan. According to the EFL, this is a 12
month Fixed Rate contract with an Energy Charge of 5.51 per kWh. A $14.95 Monthly
Service fee would apply only when your usage for the billing period is below 1,000 kWh.
An $80.00 credit would apply only when your usage for the billing period is above 2,000
kWh. Your Average Price Per kWh on the EFL is shown to be 12. 7 at 500 kWh, 9 .2 at
500 kWh, and 4.9 at 2,000 kWh. Gexa maintains that they have been billing you the Fixed
Rate Energy Charge of 5 .51 per kWh in accordance with your rate plan. Each bill provided
to our office does show this to be true. Gexa informs us that you had contacted them on
21612017 and their representative provided an explanation of the Energy Charge and Average
Price Per kWh listed on the EFL. They informed you that the Average Price Per kWh on the
EFL shows an averaged amount calculated at the exact usage points of 500 kWh, 1,000 kWh,
@ Printed on recycled paper An Equal Opportunity Employer

1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.texas.gov
CP
3/1/2017
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and 2,000 kWh, while the Fixed Energy Charge of 5 .51 perk Wh will not change during the
12 month contract term.

CPD's review of the information provided by you and Gexa assisted with our final resolution.
CPD has determined that Gexa has billed you according to the "Gexa Choice Plus 12" rate
plan you had agreed to. Your service plan is not a tiered type of plan where the 500 kWh,
1,000 kWh, and 2,000 kWh usage points are a threshold that must be met and a rate change
would apply. There may have been a misunderstanding of the rates, specifically the
"Average Price" vs. the "Energy Charge". The Average Price perk Wh is different than the
Energy Charge. The Average Price perk Wh can be determined by multiplying the Energy
Charge from Gexa Energy and the Oncor Electric Delivery rate per kWh by the consumption
for the billing period. Those results are then added the Oncor Electric Delivery monthly
charge. If usage is below 1,000 kWh for the month, add $14.95. If usage is above 2,000
kWh for the month, subtract $80.00. That total is then divided by the consumption for the
billing period. The Energy Charge is only a component in figuring the Average Price per
kWh. While the Energy Charge is charged at 5.51 per kWh, the Average Price per kWh can
vary depending on the consumption for the billing period and the rate of the delivery charges.
Oncor Electric Delivery is your Transmission and Distribution Utility (TDU). They have
their own charges for their service which are passed on to the bill you receive from your
provider. The TDU charges can and do change from time to time. As of 31112017, the TDU
rates are $5.25 per month and 3.2860 per kWh. The TDU rate during your 2/3/2017 invoice
had been $5.25 per month and 3.6896 per kWh. When your EFL was created 4/112016, the
TDU rates were $5.25 per month and 3.16 perk Wh and those rates were used in the
calculation of the Average Price per kWh listed on the EFL. Gexa Energy has no control
over the delivery charges that are passed onto their bill. In reviewing each of your invoices,
each line item had been calculated appropriately. There was no evidence found, in the
information provided, to show that they had overcharged you. No adjustments are warranted.

Based on the investigation, CPD has determined that Gexa has acted consistently with
Substantive Rule 25.475- General Retail Electric Provider Requirements and Information
Disclosures to Residential and Small Commercial Customers.

Thank you for the opportunity to address your concerns. If we can assist you with future
utility concerns, please contact us toll free through our Customer Assistance Call Center at 1-
888-782-84 77.

Sincerely,

Customer Protection Division

Public Utility Commission of Texas

cc: Gexa Energy LP