Control Number: 33538

Control

Number: 33538

Item Number:

1

PUC TEXAS

FORMAL COMPLAINT PETITION

33

5‘33

Petitioner: Atul Ratra

13660 Montfort Drive, Apt 2058 Dallas, TX 75240

Respondent: Gexa Energy

20 Greenway Plaza, Suite 600 Houston, TX 77046 FACTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. . ’ a d> 0

+

On 7/25/06, I called Gexa Energy’s Customer Service to move electric service to my new apartment address on 13660 Montfort Drive #2058, Dallas, TX 75240. As I was unsure of my new apartment number, I informed the agent that I would call back after

confirming my apartment number with the apartment complex.

On 7/25/06, I called Gexa Energy’s Customer service again and provided my new address information to process the move order.

On 8/28/06, I called Gexa Energy’s Customer service number and discovered that Gexa Energy had not moved electric service to my new apartment address and was continuing to bill me for electric usage at my old address that was now occupied by a new tenant. The customer service agent informed me that there was no record of a second call when I had provided the new address information. The agent then scheduled a service move order for 09/01/06.

On 8/28/06, I enrolled services for my new apartment address with Reliant Energy. I called Gexa Energy Customer Service at 3:46pm, to cancel my service with Gexa Energy altogether, stating explicitly that I did not wish to move services as I had requested earlier. I was told that the services would be canceled with effect from 08/3 1/06.

Gexa Energy failed to remove the move order request from their system and processed a move order on an already canceled service (canceled as of 0813 1) on 09/01/2006. As a result of this, Gexa Energy slammed my current electric connection and became electric provider at my new apartment address on 09/01/2006.

On 09/05/2006, I informed Gexa Energy Customer service that they had slammed my electric connection against my wishes. Gexa Energy then processed a service disconnect to remove themselves as the service provider at my new address with effect from 09/08/2006 and billed me another set of cancellation fees.

In addition, Gexa Energy billed me cancellation charges for my original service at 7780 McCallum Blvd#25 103 (Cancellation date: 08/3 1/06)

Gexa Energy also billed me (move in meter read fees) for moving my original services to a new address location, with a transfer date of 09/01/2006.

I filed an informal resolution request with PUCT with complaint# 2006090287. On 10/03/06, PUCT closed my informal complaint based on three telephone recordings Gexa Energy provided to PUCT in this matter.

I requested Gexa Energy to share call recordings for my call to their Customer service number on 08/28/06,3:46PM that would have proved that I had wanted to cancel my service instead of moving it to my new address.

On 11/20/2006, Gexa Energy sent a letter refusing to disclose the recording that I had requested from them.

Blvd #25103, Dallas, TX 75252 since August 2005.

PUC TEXAS

FORMAL COMPLAINT PETITION (Contd.)

13. My previous and current apartments are within city limits. I have also recently submitted a complaint in this matter to the City Attorney’s Office of Dallas.

14. Prior to this formal complaint with PUCT, I have written four letters to Gexa Energy requesting them to investigate their Customer service center’s call records rather than merely relying on their agents’ notes to trace my call on 07/25/06 and to review my conversation with their agent on 08/28/06,3:46PM but have not had any success.

I

1. 2. 3. 4. 5. 6.

Gexa Energy failed to move electric services to my new apartment address despite my request to do so in the two calls I made on 07/25/06.

Gexa Energy’s agent on 7/25/06 call acted negligently and did not enter my call information in their data records with my new address information. Further, upon discovery of such an act of omission by their agent, Gexa energy is suppressing this evidence to their advantage in this matter.

Gexa Energy acted negligently yet again and failed to notice that the original service they were canceling on 08/3 1/06 had a pending move order associated with it in their system for 09/01/06. Upon cancellation of the original service on OW3 1/06 for which Gexa Energy billed me 15$ in cancellation fees, Gexa Energy failed to remove the pending move order from their system and processed that move order on 09/01/06 on a cancelled, invalid service.

Gexa Energy has omitted the call I made on 07/25/06 from their customer call records that they presented to PUCT in this matter.

1 do not have a copy of any of the three call recordings Gexa has used to present its case to PUCT in its defense to my informal complaint and that Gexa Energy has refused to disclose the same to me thereby restricting me to validate what they sent and do discovery in this matter.

Due to Gexa Energy’s negligent mishandling of my simple move request on 7/25/06 and thereafter, their connection slamming action on 09/01, I have been billed for ‘two’

service cancellations fees by Gexa, ‘three’ move-in meter read fees at my new apartment, electric usage charges at a higher rate by Montfort Valley during August at my new apartment complex and service charges for another tenant’s electric usage at my older apartment.

As a resolution to this complaint, I plead that

1. Gexa cover the additional charges of $306.30 (from Appendix 1) that I have been billed for during the period (07/18-09/08) as follows-

a. Void current outstanding charges that Gexa has billed under two accounts numbers: 447463-3 & 690672-3 in the amount of $161.79 & $68.91 respectively b. Issue a credit check for the remaining $75.60 amount to me

2. Gexa further reimburse all costs that I will incur in pursuing this complaint including work time missed, attorney costs and travel costs to Austin, TX to attend the final hearing.

Atul Ratra (Petitioner) Dated: 11/22/2006

Appendix 1

Billing company 1 GexaEnergy 2 Montfort Valley Apts 3 Montfort Valley Apts 4 Reliant

5 Gexa Energy

Summarv of billed charqes (07/18-09/08)

Bill Period Bill Amount

07/18-08/30 $1 61.79 08/01 -08/24 155.02 08/24-08/31 ' 41.02 08/31 -09/01 28.63 09/01 -09/08 68.91 Total $455.37

My average monthly electric usage:

Prorated avg usage for period (07/18-09/08) IAdditional charges paid for this period:

$86 149.07 $306.301 (Prorated: 187.02-32) (86*52 days/30 days) ( 455.37 -1 54.80)

stomer Bill

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ATUL K RATRA

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Service Address: 13660 MONTFORT DR APT 2058 - DALLAS TX 75240-4578 Page 1 of2 Billing Date

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Number

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IY Sep 15,2006 690672-3 Oct 5,2006 690672 10443720003288522 August2006

Summary Total From Last Bill $0.00

Balance Forward $0.00

Current Charge $38.83

Non-Current Charge $28.85

Applicable Taxes $1.23

Balance Due $68.91 Final Bill

Current Charges

Non -Cu rren t Charges

Yourperkwh rate is 2.20 cents

Customer Base Charge $4.79

Total Charges $28.85

Lie)(a

..

3 i l l Payment Assistance Program

;exa Energy is pleased to support this program iat helps pay the utility bills of those in need. If

ou would like to donate, please check the box md fill in the desired amount.

._---~-.---*---~-~

---__-_.__---..---...---

.---.-...-

__

Please allow 5 to 7 days for processing Detach and return this portion with your payment Pay By Phone or On-line with BillMatrix

To find out more about our new, automated payment services, call 1-800- 584-1 225 or visit www.gexaenergy com and select Payments

MoneyGramG3 ExpressPaymenm Call 1-800-M0NEYGRAM@ to find lhe location nearest you or visit www gexaenergy com. Use Receive Code

"4276". bring cash for the payment amount and fee, and be sure to include

your full accounVinvoice number including the number afler the dash.

Cash Payments

Amount enclosed:

ATUL K RATRA

13660 MONTFORT DR APT 2058 DALLAS TX 75240-4578

Send check payable to:

GEXA ENERGY

PO BOX 659410

SAN ANTONIO TX 78265-9410

0006906723

9

00006891

Page 2 of 2

tomer Bill

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ATUL

K

RATRA

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Service Address: 7780 MCCALLUM BLVD APT 25103 - DALLAS TX 75252-8137 Page 1 of 1

ESI ID

Service Billing Date

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1

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N Sep 8,2006 447463-3 Sep 28,2006 447463 10443720006086613 August 2006

Summary Total From Last Bill $93.06

Balance Forward $93.06

Current Charge $67.16

Applicable Taxes $1.57

Balance Due $161.79 Final Bill

Current Charges

Your per kWh rate is i3.53 cents

.7xU Etectrk Delivery

Invoice Number: 608661 3083006220183468

Customer and Metering Charges $2.31

A W 16,2006

-

I

I

Payment Assistance Program

a Energy is pleased to support this program helps pay the utiliy bills of those in need. If

would like to donate, please check the box

fill in the desired amount.

Pay By Phone or On-line with BillMatrix To find out more about our new, automated payment services, call 1-800-

584-1225 or visit www.gexaenergy.com and select Payments. MoneyGramQ ExpressPaymentQ: Call 1-800-MONEYGRAMQ to find the

location nearest you or visit www gexaenergy com Use Receive Code "4276", bnng cash for the payment amount and fee, and be sure to include

your full accounttinvoice number including the number after the dash.

Cash Payments

ATUL K RATRA

13660 MONTFORT #2058

DALLAS TX 75240

Amount enclosed:

Send check payable to:

GEXA ENERGY PO BOX 659410

SAN ANTONIO TX 78265-9410

0004474633

7

0001

61

79

Page 2 of 2

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Invoice Number: 156001347782

13660 MONTFORT DR 2068

DALLAS TX 75240 For outages or emergencies 1-888-31 3-4747

ESI ID:

Electric Usage Detail Meter Number: 047080970SA Current Read 09/01mX)6 Previous Read 08/31/2006 kWh Multiplier

kWh Usage

10443720003288522

2 Day Billing Period From 08/31 /2006 To 09/01 /2006

Guaranteed Savings Plan Base Monthly Charge Energy Charge

Fuel Factor for Generation

36 K W H @ $0.054434/KWH

36 KWH @ $00.089504/KWH

Recon at Meter Reg Hours Reg

City Sales Tax 1.00% Total Current Charges

The average price you paid for electric service this month (per kWh) The standard residential TXU Energy PTB rate (per kWh)

(Based on the TXU Energy Residential Service rate as of

. -. -. 36542 38506 1 36 January 01,2006) 5.17 1.96 3.22 18.00 - 0.28 $28.63 $0.288 $0.297

Notice to Customers - The practice of adding charges for unrequested products or services is known as "cramming" and is prohibited by law. If you believe that any charge for a product or service appears on your bill has not been authorized by you, call Reliant Energy at 1-866-222-71 00 and request an investigation of this charge. If you are dissatisfied with our investigation, you may file a complaint with the Public Utility Commission of Texas (PUCT) at PO Box 13326, Austin, Texas, 7871 1-3326. PUCT phone number: Local (51 2) 936-7120. Tdl-free in Texas (888) 782-8477. Hearing and speech-impaired individuals Mth text telephones (TTY) may contact the commission at (51 2) 936-71 36 or toil-free at 1-800-735-2988.

09/13/2006

MONTFORT VALLEY INDIVIDUAL BILLING

Property

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Apartment

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Resident Name

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Description

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If

electricity

not

in

name

in

09/07/2006

MONTFORT VALLEY INDIVIDUAL BILLING

Property

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Apartment

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Resident Name

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Action

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Description

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Bill Amount $187.02 Bill

If

electricity

is not

in

your

name

in