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Texas PUC Denies Petition From Retail Supplier Seeking To Be Relieved Of Requirement To Inform Customers Of PUC-Developed Solar Guide
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The Texas PUC denied 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 in which TPS asked the PUC to 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 has 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.
PUC Staff said that SB 1697 is clear that the relevant statutory provision applies to all REPs
In denying TPS's petition, the PUC adopted the reasoning set forth in a memo from PUC Chair Thomas Gleeson, who said that the petition, including communications from the PUC's Office of Public Engagement (OPE) sent to REPs concerning the solar guide that had been cited by TPS, "does not demonstrate that there is a real controversy that the requested declaration would resolve".
While OPE sent an email to REPs reminding REPs of the new requirement, Gleeson said that such email, "did not mention or threaten enforcement."
Gleeson said that other emails from OPE to TPS, "do not demonstrate that litigation is imminent and inevitable or that there is threatened action by the Commission to pursue an enforcement action. At most these emails demonstrate an intention to assist REPs, which is consistent with the educational purpose of the Office of Public Engagement."
Gleeson wrote, "Tenaska has not established that it cannot or will not comply with PURA § 17.011(e). Accordingly, there is no real controversy at this time that the requested declaration would resolve."
Docket 59612
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October 2, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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