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Texas PUC Staff Recommend Denying Petition From Retail Supplier Seeking To Be Relieved Of Requirement To Inform Customers Of PUC-Developed Solar Guide
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Staff of the Texas PUC have recommended denying a petition for a declaratory order that had been filed by Tenaska Power Services Co. (TPS), an Option 2 Texas retail electric provider, in which TPS had sought a declaratory order from the Texas PUC under which the PUC would find that a requirement for REPs to provide to customers certain information developed by the PUC concerning rooftop solar does not apply to Option 2 REPs
As previously reported, SB 1697 (codified as PURA 17.011) provides that, upon publication of a home solar guide by the Texas PUC, retail electric providers are required to undertake the following actions for a period of 12 months:
• REPs are required to include, on the REP's website, a link to the PUC's home solar guide
• REPs shall include, in each bill, information about accessing the PUC's home solar guide
The PUC recently published the initial home solar guide
SB 1697's new section of PURA is titled "Transparency And Best Practices Guide For Rooftop Solar Systems For Homes", and states that the PUC's guide should include basic information, best practices, and guidelines to consider when deciding on whether to install a solar energy device, "for a home". SB 1697 further sets forth the info which must be included in the guide, with SB 1697 stating that such information shall be for, "home solar energy devices".
Option 2 REPs are limited to serving customers 1 MW and larger which provide an affidavit agreeing to such service
As such, TPS argued that Option 2 REPs are legally prohibited from serving residential customers
TPS argued that, since the rooftop solar info is aimed at homes, it would be confusing to the large non-residential customers of Option 2 REPs for Option 2 REPs to send such customers info on home solar, with the obligation also imposing compliance costs on Option 2 REPs.
In responding to TPS's petition, PUC Staff, however, said that PURA is clear concerning the obligations of REPs
"The statute plainly states that there is no carveout for Option 2 REPs ... The petitioners have not provided any proof that there is an active controversy or that a declaratory order would help to solve this issue," Staff said
Staff said that TPS's petition does not present a controversy that would be settled by the declaratory order (as is required for such an order to be granted). Staff said that TPS is seeking an advisory opinion concerning implementation of the new solar information requirement, with Staff noting that the PUC has declined to engage in providing advisory opinions
Staff also said that while TPS has alleged a burden from compliance, Staff said that TPS does not, "state specific harm suffered or a specific controversy in question."
Docket 59612
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June 15, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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