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Texas PUC Staff Recommend Dropping Proposed Accelerated Compliance Date For REP Quarterly-Filed Metric Reports, Withdrawing Proposal For Reports By New Customer Categories
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Staff of the Texas PUC have filed a recommended proposal for adoption to revise the current retail market performance measure reporting requirements, applicable to retail electric providers and other market entities
Of note, Staff's recommended proposal would maintain the current 45-day compliance period for the filing of quarterly reports (45 days after quarter close). As previously reported, a proposal for publication would have accelerated the filing deadline to 30 days after quarter close
Additionally, Staff recommends not adopting the proposal for publication's new requirement which would have required a new reporting of data by REPs under the following customer classes -- "Residential customer", "Small non-residential customer", "Medium non-residential customer", and "Large non-residential customer" (the classes under 16 TAC § 25.43)
These proposed customer categories differ from the customer categories required to be reported by REPs under federal law via EIA forms. REPs are already required to also file such EIA data with the Texas PUC (a requirement which is proposed to continue)
In the draft PFA, Staff agrees that the original proposal to require an additional report with the above-listed unique customer classes could present a regulatory burden for reporting entities, and would include overlapping data with respect to other required reports
While some of the data under the PUC's reporting rule mirrors EIA Form 861M, Staff would not allow an actual copy of such EIA form to be used for compliance, with REPs instead required to file such same data in a PUC-provided .xlsx spreadsheet, as Staff said that copies of EIA Form 861M, such as PDF copies, are not a practical format for Commission Staff to conduct Staff's necessary analyses of the data
While the reports are filed quarterly, Staff recommends that most of such reports still break-out the data by each month in the quarter, rather than aggregating the data into quarterly totals
Staff recommends the continued filing of reports on a quarterly basis, rejecting a proposal from some REPs for an annual filing requirement
Staff has modified the proposed changes so that certain information (such as DNPs and time for reconnections) are separately reported for postpay and prepay customers
Concerning reporting of activity such as DNP and time for reconnection, Staff said in the recommended PFA that, "In order to address the unique nature of prepaid plans, the commission has modified proposed Schedule A, Part 4 to create a separate forms for prepaid customers in new Schedule A, Part 3.2, and to create a new form for post-pay customers, new Schedule A, Part 3.1."
Staff would also clarify that critical care residential customers and chronic condition residential customers are not to be reported as separate values, but as a combined critical care residential and chronic condition residential value.
Responding to concerns about the time needed to implement the changes, Staff recommends that the new reporting requirements start with the second quarter of 2026.
Staff would decline to adopt new performance measures proposed by the City of Houston for retail electric providers, including, "hav[ing] the REPs report Customer Enrollment Accuracy including the correct rate plan, term, and charges [REP rate plan and applicable term, TDSP Pass through Charges (including any Franchise Fees), and Misc. Charges]," as well as call center performance metrics and complaint handling performance metrics for REPs
See full details on Houston's proposed performance metrics, which were first reported by EnergyChoiceMatters.com, here
Staff would state in the draft PFA that, "The commission may consider Houston’s recommended additions in future rulemakings as these recommendations are outside the scope of the current rulemaking project."
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March 6, 2026
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Reporting by Paul Ring • ring@energychoicematters.com
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