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Texas PUC Refers To SOAH Complaint Which Solely Requests Monetary Relief Akin To Damages
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The Texas PUC adopted a memo from Chair Thomas Gleeson and referred to the State Office of Administrative Hearings a customer complaint against Oncor which solely seeks monetary relief akin to damages, in a move which is not typical when the PUC is presented with complaints which only seek damages
A proposal for decision would have dismissed the complaint, for failure to state a claim for which relief can be granted. The only relief sought by the complainants is reimbursement 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
Gleeson's reasoning for not accepting a proposal for decision dismissing the complaint, and instead referring the matter to SOAH to develop a record regarding whether any violations of Oncor's tariff, Commission rules, or PURA occurred, was detailed in our story on the memo from yesterday (click here)
During today's open meeting, Gleeson said that the case is, "a bit unique," and that typically the matter would be something that the PUC would direct its Enforcement division to look into, rather than addressing any issues through an individual customer complaint proceeding at SOAH
Gleeson noted that SOAH may present issues for pro se complainants, but, in this case, the complainants, from their filings, appear sophisticated, and the complainants had specifically requested referral to SOAH
The Commissioners agreed that assigning the case to SOAH to develop a record, on whether tariff or other violations may have occurred, is appropriate.
As noted in our story yesterday, although REPs are subject to different rules than TDUs, the precedent that the PUC lacks authority to award damages is often cited in dismissals of formal complaints brought against REPs which seek monetary relief beyond a refund for alleged incorrect charges or overcharges. As noted in our other story today, the lack of the PUC's authority to award damages was used in a separate order issued by the PUC today dismissing a complaint brought against a REP
While the PUC may ultimately view the Oncor case as unique, it should be expected that future complainants against REPs will cite the Oncor case as grounds for not granting motions to dismiss based on the fact that the only sought relief is damages. The Oncor case holds the potential for stronger precedent to be adopted based on the ultimate disposition of the complaint against Oncor and the potential specific relief which may ultimately be granted, if any
Oncor case: Docket 57368
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October 2, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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