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Update: Texas PUC Says Sought Relief In Complaint Case May Be An Order Finding Violations Occurred
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The relief sought by complainants at the Texas PUC may be, "a Commission order finding violations occurred," the Texas PUC said in a written order memorializing the PUC's decision to deny a proposal for decision which would have dismissed a customer complaint case against Oncor for failure to state a claim for which relief can be granted
As previously reported, a formal customer complaint against Oncor sought reimbursement for the cost of replacing the home appliances that the complainants allege were damaged by a power surge which the 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
The proposal for decision would have dismissed the complaint for failure to state a claim for which relief can be granted, since the only sought relief had been the reimbursement, and the proposal for decision would have found that the Commission has no authority to order monetary damages for personal property damage caused by an electric utility from a faulty equipment repair
However, as previously reported, the PUC rejected the proposal for decision and instead referred the case to the State Office of Administrative Hearings for development of an evidentiary record to determine whether any violation of Oncor's tariff, Commission rules, or PURA occurred.
See more background here
A written order formally denying the proposal for decision, issued today, more specifically provides that the complainants have asserted a claim for which relief can be granted, because a Commission order finding violations occurred may constitute relief
Specifically, the PUC held that, "[complainants] have asserted a claim for which relief, such as a Commission order finding violations occurred, can be granted if supported by the record to be developed in this proceeding."
In formal complaints filed against retail electric providers, such complainants often seek a determination that the REP's alleged behavior violated PUC rule or law, but, in such cases, the complaints are typically dismissed in cases where the complainant seeks no further relief within the PUC's power (as the award of damages, often sought by such complainants, is outside the PUC's authority). Complainants, who do not seek any other relief other than a finding of a violation, may in the future oppose what has previously been the typical dismissal for failure to state a claim for which relief can be granted, with complainants now able to cite the PUC's holding in the Oncor proceeding described above -- that a PUC order finding that a violation of PUC rule or PURA occurred would constitute relief which a complainant may seek
The issue of available relief and dismissal has arisen in REP complaints against TDUs as well, such as in cases where TDUs seek dismissal because the REP's desired relief (such as execution of a disconnection for non-payment) has occurred, and no further relief can be granted, notwithstanding that the REP alleges that, prior to the DNP eventually being executed, the TDU failed to comply with or otherwise provide service consistent with its tariff.
Also notable from the Oncor ruling is that, while the complainants did not specifically specify that their sought relief was an order finding that violations occurred, the PUC found that the complainants' allegations serve to assert such a claim, further bolstering future oppositions to motions to dismiss in similar proceedings
The PUC said, "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, and the Commission liberally construes pleadings to allow it to fulfill its obligations under the law. The [complainants] have alleged conduct that, if true, could constitute violations of PURA, Commission rules, or Oncor's tariff. Therefore, the [complainants] have asserted a claim for which relief, such as a Commission order finding violations occurred, can be granted if supported by the record to be developed in this proceeding."
Docket 57368
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October 7, 2025
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Reporting by Paul Ring • ring@energychoicematters.com
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