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Texas PUC Staff File Final Recommended List Of Non-Volunteer POLRs For 2027-28, With Some REPs Newly Acquiring Non-Volunteer POLR Responsibility In Certain Areas; Other Significant Changes
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Staff of the Texas PUC have filed a final recommendation of retail electric providers that Staff proposes to serve as non-volunteer POLRs (called Large Service Providers or LSPs) for each customer class and service area (excluding LP&L which has its own process) for the 2027-28 term.
Staff's recommended designation of non-volunteer POLRs for each customer class in each service area generally reflects the 15 (or fewer) REPs with the greatest market share for such customer group and service area which meet the minimum non-volunteer POLR threshold eligibility requirements, and reflecting any opt-out of POLR status as permitted under specific conditions set forth in rule
Notably, Staff reported that Staff's previously filed August 31, 2026 preliminary list of non-volunteer POLR eligibility was not initially scrubbed for the eligibility requirements of 16 TAC § 25.43(h)(2)(b), resulting in numerous REPs, which were initially listed as eligible to be designated as an LSP, being ultimately excluded from Staff's final recommended non-volunteer POLR list
However, despite Staff's prior list designating numerous ineligible REPs as eligible for non-volunteer POLR status in various customer classes and service areas, Staff received only one "challenge" from a REP to Staff's preliminary eligibility list, and one additional communication from another REP reiterating the REP's previously filed election of a POLR status opt-out
Staff reported the following changes to the non-volunteer POLR eligibility list due to Staff correcting the list by scrubbing the preliminary list against the eligibility requirements of 16 TAC § 25.43(h)(2)(b):
"In the Small Non-Residential list: Freepoint Energy Solutions Inc, Certificate No. 10248, was removed from the Oncor and Centerpoint areas, and Just Energy Texas LP, Certificate No. 10052, was removed from the Centerpoint area. Stream SPE LTD, which has designated affiliate Reliant Energy Retail Services LLC, Certificate No. 10007, was added to the Oncor and TNMP areas. Within the Medium Non-Residential list: Calpine Energy Solutions LLC, Certificate No. 10017, was removed from the Oncor, Centerpoint, TNMP, and AEP North areas, but added to the AEP Central area. Mems Industrial Supply LLC, Certificate No. 10333, was removed from the TNMP and AEP Central areas, Mi [sic] Texas REP 1 LLC, Certificate No. 10289, was removed from the Oncor area, Gridmatic Rosa LLC, Certificate No. 10307 , [sic] was removed from the AEP Central area, replaced by Calpine Energy Solutions LLC, and IronHorse Power Services LLC was added to the Centerpoint area. Within the Large Non-Residential list: Mems Industrial Supply LLC was removed from the Oncor and AEP Central areas, Mi Texas REP 1 LLC was removed from the TNMP area, BKV-BPP Retail LLC, Certificate No. 10323, was removed from the Oncor area, TotalEnergies Gas & Power North America Inc, Certificate No. 10241, was removed from the Centerpoint area, and Titan Gas LLC, Certificate No. 10268, replaces Tesla Energy Ventures LLC , [sic] Certificate No. 10296, in the AEP Central area."
In response to the preliminary LSP list, BP Energy Retail Company LLC directed Staff to BP's prior filing of an opt-out of LSP eligibility for the Small Non-Residential and Medium Non-Residential customer classes due to Minimal Service under 16 TAC § 25.43(h)(2)(H).
Under this rule, a REP that does not serve small or medium non-residential
customers, except for the low-usage sites of the REP’s large non-residential
customers, or commonly owned or franchised affiliates of the REP’s large non-residential customers, may opt out of being an LSP for the small and/or medium non-residential
customer classes
Staff agreed that BP had filed such an opt-out notice, and Staff removed BP from the Small Non-Residential LSP list for the CenterPoint-TDU area in addition to all areas on the Medium Non-Residential list. Staff further noted that Staff found that BP Energy Retail Company LLC was listed in the Residential LSP list in the AEP North area, although BP did not meet the criteria of 16 TAC § 25.43(h)(2)(b) with a percentage of less than 1.0%. Staff has removed this Residential listing.
Staff agreed with a non-volunteer POLR eligibility challenge filed by ResidentShield Power TX, LLC
ResidentShield Power TX, LLC stated that ResidentShield did not meet the criteria of 16 TAC § 25.43(h)(2)(B) with a percentage of less than 1.0%.
Staff agreed, and ResidentShield was removed in the Oncor, Centerpoint-TDU, and TNMP areas of the Residential LSP list, and the Oncor and TNMP areas of the Small Non-Residential LSP list.
With the removal of ResidentShield from the Residential LSP list, eligible replacement LSPs were added to have the maximum number of fifteen LSPs specified in 16 TAC § 25.43(j)(2).
Specifically, Trieagle Energy LP, which has designated affiliate TXU Energy Retail Company LLC to serve as LSP in place of Trieagle, has replaced ResidentShield in the Oncor and TNMP areas of the Residential LSP list. Staff stated, "IronHorse Power Services LLC, Certificate No. 10289, has replaced ResidentShield in the Centerpoint area, and Champion Energy Services LLC, Certificate No. 10098, in the AEP North area of the Residential list" [sic, the AEP North replacement may be for BP as discussed above rather than ResidentShield, though the discussion was grouped with the ResidentShield changes in a Staff memo]
Staff's final recommended LSP lists would also designate the non-volunteer POLR responsible for filing POLR electricity facts labels with the PUC
See Staff's final recommended list of non-volunteer POLRs here
Project 59209
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September 18, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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