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Written Texas PUC Order Is Issued Which Affirms Complaints Against REPs Do Not Require Complainant To Be Current Customer, Or Violation To Be Ongoing, For PUC To Have Jurisdiction

February 20, 2026

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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Texas PUC issued a written order following its determination and vote at the January 15 open meeting which, as previously reported by EnergyChoiceMatters.com, held that a formal complaint filed against a retail electric provider does not require that the complainant must be a current customer of the REP at the time of the complaint filing, and does not require that the alleged violation is ongoing, in order for the PUC to have jurisdiction over the complaint

In doing so, the PUC rejected arguments that a formal complaint against a REP must present the PUC with a live controversy in order to be heard by the PUC

The PUC specifically denied a REP's appeal of an ALJ's order which had denied a motion to dismiss a complaint filed against the REP, with the REP's motion to dismiss arguing that there was a lack of available relief from the PUC

The PUC in its written order affirmed that, "There is no Commission rule or statute that requires a complainant to continue to be customer or that a violation of a Commission rule or statute remain ongoing for the Commission to have jurisdiction over the complaint. Additionally, [complainant] has asserted conduct that, if true, could entitle him to relief that is within the Commission's jurisdiction to grant."

The PUC said that there is insufficient evidence at this time to dismiss the complaint, and indicated that the PUC will refer the matter to the State Office of Administrative Hearings (SOAH), with such referral to be addressed in a separate order

See more background here

Docket 58743

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