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Texas ALJ Would Find That No Retail Provider Is Exempt From Law Requiring Notice To Customers Of PUC-Authored Home Solar Info
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A Texas PUC ALJ has drafted a proposed declaratory order for the PUC's consideration which would hold that no retail electric provider, regardless of size, is exempt from the requirement in PURA § 17.011(e) which mandates that REPs shall advise customers of the availability of information related to home solar developed by the PUC
As previously reported, 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
As first reported by ECM, Tenaska Power Services Co. (TPS), an Option 2 Texas retail electric provider, sought a declaratory order from the Texas PUC, asking that the PUC find that the requirement for REPs to provide notice to customers about information developed by the PUC concerning rooftop solar does not apply to Option 2 REPs
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 requiring Option 2 REPs to provide notice of information developed for residential customers (a customer class which TPS says Option 2 REPs may not serve) will force Option 2 REPs to incur time and expense to make changes to each Option 2 REP’s website and to provide monthly bill inserts in every invoice for 12 months, "with absolutely no public benefit."
However, the ALJ's proposed order would find that all REPs must comply with PURA § 17.011(e), as the statute is, "unambiguous".
The proposed order states, "The plain language of PURA § 17.011(e) clearly and unambiguously applies to all REPs,
including option 2 REPs. PURA § 17.011(e) specifically states, 'each electric cooperative, municipally owned utility, and retail electric provider shall: . . . .' This statute does not lend
itself to two or more reasonable interpretations, as Tenaska suggests, because a REP is broadly
defined as 'a person that sells electric energy to retail customers in this state' with no qualification
or categorization based on the customer’s demand."
The proposed order states, "If the Legislature
had intended to exempt certain REPs from the requirements of PURA § 17.011(e), it could have
done so. However, the language of PURA § 17.011(e) does not contain any express exemption.
Accordingly, the Commission declares that option 2 REPs are not exempt from the requirements
of PURA § 17.011(e)."
Docket 59612
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July 21, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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