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Texas PUC Staff Seek Dismissal Of Petition From New Texas Nonprofit Co-op Seeking To Serve Retail Customers At Choice TDUs, Which Had Asked PUC To Order That Neither CCN Nor REP Certificate Required
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Staff of the Texas PUC have moved to dismiss a formal request from Roshan Energy that had sought a finding from the PUC that Roshan, operating only as a Chapter 161 member-only cooperative, is not required to obtain a CCN or a REP certificate in order to serve its voluntary members with retail electric supply service, with such members located within the boundaries of TDU service areas which have retail electric customer choice
See background on Roshan Energy, which describes itself as a "Nonprofit Electric Cooperative", and the specific Texas statute under which Roshan seeks to operate, here
As previously reported by EnergyChoiceMatters.com, Roshan had last year requested confirmation from the Texas PUC that Roshan Energy, as a Chapter 161 electric cooperative, is exempt from REP certification and CCN requirements, and that Roshan may proceed with retail electric service to its members without further PUCT approval
Roshan's 2025 proceeding was dismissed as an improper request for an impermissible advisory opinion
Roshan in Sept. 2026 filed a new petition in which Roshan said a live controversy now exists, distinguishing the new petition from the dismissed 2025 petition
Roshan specifically said in its new petition that an application to serve as an ERCOT LSE has been denied due to the lack of CCN or other instrument from the PUCT, and thus the issue now presents a live controversy requiring Commission resolution
However, PUC Staff said that Roshan's petition seeks the same relief as the earlier petition which was deemed a request for an impermissible advisory opinion
Staff said, "Despite Roshan Energy’s assertion that it is seeking a declaratory order, Roshan Energy’s request is the same as when it filed an incomplete retail electric provider (REP) certificate application in Docket 58844, in which Roshan Energy asked the Commission to provide legal guidance on what form of an application, or waiver thereof, it should file. In Roshan Energy’s 'Specific Request for Relief', it asks the Commission to tell Roshan Energy whether to file a CCN application, a REP certificate application, both, or neither. This request constitutes a request for legal advice and direction which neither the Commission, the Commission ALJ, nor Commission Staff is permitted to provide. This Petition, despite its styling, constitutes a request for an advisory opinion, and this is not the avenue in which to pursue it."
Staff said, "Commission Staff further notes that Roshan Energy is not represented by legal counsel, and because the undersigned counsel [for Staff] represents Commission Staff and not Roshan Energy, the undersigned counsel is legally and ethically prohibited from advising Roshan Energy on how to pursue registration with the Electric Reliability Council of Texas (ERCOT). Because Roshan Energy is seeking an advisory opinion from the Commission, or legal advice from Commission Staff and/or the assigned ALJ, dismissal is appropriate under 16 TAC § 22.181(d)(8)."
Staff recommended that Roshan Energy’s petition be dismissed for failure to state a claim upon which relief can be granted.
In the alternative, Staff recommended that the petition be found administratively incomplete, "as it does not specify relief that the Commission is authorized to grant."
Staff recommended, if the presiding ALJ does not dismiss Roshan's petition, that Roshan Energy be ordered to file supplemental information clarifying how Roshan's petition is not seeking an advisory opinion from the Commission
Docket 60216
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September 25, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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