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Final Texas Order Adopting Revised Retail Performance Metric Obligations Maintains 45-Day Compliance Window (Shortened 30-Day Window Had Been Proposed)
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The Texas PUC adopted a final order revising the current retail market performance measure reporting requirements, applicable to retail electric providers and other market entities
The final order generally follows Staff's previously reported draft proposal for adoption (details here)
Of note, the final order maintains 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, the final order does not adopt the prior 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)
As previously reported, 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 will continue)
While some of the data under the PUC's reporting rule mirrors EIA Form 861M, the final rule will 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 the PUC 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, most of such reports under the final order must still break-out the data by each month in the quarter, rather than aggregating the data into quarterly totals
Responding to concerns about the time needed to implement the changes, the final order provides that the new reporting requirements start with the second quarter of 2026.
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March 12, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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