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Texas PUC Chair Says Complaint Which Solely Requests Monetary Relief Akin To Damages Should Not Be Dismissed, Record Should Be Developed Concerning Potential Violations (REP Complaints Often Dismissed Due To Sought Relief Being Monetary Damages & Outside PUC's Authority)
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Texas PUC Chair Thomas Gleeson has issued a memo in advance of tomorrow's open meeting which could implicate how formal complaints against retail electric providers are addressed at the Commission in the future
Gleeson's memo concerns a formal customer complaint against Oncor. The only relief sought by the complainants, who are in the Oncor service area, is to be reimbursed for the cost of replacing the
home appliances that complainants allege were damaged by a power surge which complainants allege was caused by Oncor's actions in addressing an outage to complainants' home after a tree limb from a neighbor's yard broke off and fell on a power line
A proposal for decision would dismiss the complaint, for failure to state a claim for which relief can be granted
The proposal for decision would find that, because the complainants have not alleged that they were charged for electric service
incorrectly or that they were assessed unauthorized charges, the Commission has no
authority under PURA § 17.157 to order the monetary relief sought by the complainants from
Oncor. The proposal for decision would find that the Commission has no authority to order monetary damages for personal property
damage caused by an electric utility from a faulty equipment repair.
Although REPs are subject to different sections of PURA and the PUC's rules, many REP formal complaint cases raise the same question. Many complaints against REPs seek monetary relief akin to "damages" for alleged behavior (separate from restitution related to service, such as a refund of amounts paid for overcharges or unauthorized charges if a REP failed to comply with Commission rules or a contract with
the customer), which the PUC has found that the PUC is not empowered to award. Such complaint cases against REPs, if no other relief is sought other than damages, are typically dismissed for failure to state a claim for which relief can be granted
Gleeson proposes that the complaint against Oncor not be dismissed because, "Regardless of their requested remedy," the complainants have alleged conduct that,
if true, could constitute violations of Oncor's tariff, Commission rules, or PURA.
Complaints against REPs, in which the alleged behavior may violate Commission rules or PURA, but in which the only relief sought is damages, could potentially be treated in a new manner if the PUC accepts Gleeson's position in this instant complaint against Oncor
Concerning the complaint against Oncor, Gleeson wrote, "The underlying
facts remain in dispute. The [complainants'] failure to allege specific tariff, rule, or statutory violations
does not limit the scope of this proceeding. As the Commission has noted before, the scope of a
contested case is not limited to only those statutes or rules cited in a petition. Instead, all pleadings
at the Commission are to be construed so as to do substantial justice. Thus, the Commission
liberally construes pleadings to allow it to fulfill its obligations under the law. In this case, because
I construe the complaint to allege possible tariff, rule, and statutory violations, I would refer this
proceeding to SOAH for further processing rather than dismiss for failure to state a claim."
Docket 57368
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October 1, 2025
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Reporting by Paul Ring • ring@energychoicematters.com
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