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Update On New Texas Nonprofit Co-op Which Seeks To Serve Retail Customers At TDUs Without REP Certificate Or CCN
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Texas PUC Staff have filed a recommendation concerning the procedural handling of a filing made at the PUCT by Roshan Energy, which describes itself as a "Nonprofit Electric Cooperative", and which has sought to serve retail electric customers in customer choice territories without Roshan being required to obtain a REP certificate or a CCN.
Roshan Energy has requested confirmation from the Texas PUC that Roshan Energy, as a Chapter 161 electric cooperative, is exempt from REP certification and CCN requirements, and may proceed with retail electric service to its members without further PUCT approval
See more background on Roshan Energy and its proposed services here
Responding to an ALJ's directive, PUC Staff filed a recommendation for addressing Roshan Energy's filings
Staff said that, to the extent Roshan Energy's filings are considered to constitute an application for a REP certificate pursuant to 16 TAC § 25.107, Roshan Energy’s application should be deemed administratively incomplete for, among other reasons, failure to use the required form prescribed by the PUC (and failure to provide the associated information). If Roshan wishes to obtain a REP certificate, Staff recommended a deadline for Roshan to submit the required application
Addressing Roshan Energy's filing in which Roshan had requested "confirmation" that Roshan Energy is exempt from the requirements for a REP certificate, Staff said that the PUC does not provide advisory opinions
Staff said, "The Commission does not provide advisory opinions, and Commission Staff cannot provide legal advice to Roshan Energy about whether it should pursue a REP certificate or not. Therefore, Staff does not offer a recommendation as to that portion of Roshan Energy’s pleading."
Subsequent to Staff's filing, Roshan Energy filed an additional pleading reiterating Roshan Energy's previously reported position that Roshan Energy's incorporation under Texas Utilities Code Chapter 161 as an electric cooperative exempts Roshan Energy from the need for a REP certificate
"We do not seek REP certification, as cooperatives are
exempt under 16 TAC §25.107 (excluded from 'person' definition) and PURA §31.002(6) (not
an 'electric utility'). Our operations fall under Chapter 161 powers (§161.121) and exemptions
(§161.122)," Roshan Energy said
However, Roshan said, "If the Commission determines certification is required, we will supplement with the approved
REP form by December 15, 2025, adapted for our cooperative structure (e.g., $10,000 bond in
lieu of $750K LOC). However, we believe this is unnecessary given our exempt status."
See more background on Roshan Energy's interpretation of the cooperative statute and its status thereunder in our prior story here
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November 13, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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