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Texas PUC Adopts Final Rule Eliminating Formal Complaint Process Previously Available To Customers Of Retail Electric Providers
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The Texas PUC adopted as final new rules which eliminate the current ability for customers of retail electric providers to file at the Texas PUC formal complaints against retail electric providers, in the form of a contested case docketed at the Texas PUC
As part of implementing a streamlined complaint process, customer complaints at the PUC against REPs now begin with a process, similar to the current "informal" process, under which the PUC's Office of Consumer Assistance (OCA, formerly the Consumer Protection Division) would investigate an individual’s complaint to evaluate whether a possible violation of Commission rule has taken place. OCA would assist the parties in coming to an informal resolution
At the conclusion of the complaint resolution process, the OCA will provide the complainant and the PUC-jurisdictional entity (REP) with a closing letter that provides a summary of the complaint, any known remedial actions that were taken, and an assessment of whether the available documentation suggests that the PUC-jurisdictional entity may have committed any violations of Commission rules
While this closing letter is not a formal legal decision made by the PUC, the closing letter will serve to exhaust administrative (PUC) remedies available to a customer, allowing the customer to proceed with civil ligation in an appropriate court, if desired
Essentially, the final rule makes a process similar to the prior informal complaint process the only PUC complaint process available to REP customers, with those customers who are still seeking remedies after conclusion of the new PUC process now directed to court, rather than a formal PUC complaint process
If the PUC's OCA identifies a possible violation during its investigation, OCA will refer the complaint to the PUC's Division of Compliance and Enforcement (DICE) for evaluation
The PUC notes that DICE may identify additional violations or seek beneficial outcomes for an entire customer base.
The final rule declined to modify current provisions in PUC rules which prohibit requiring that residential and small commercial customers must agree to alternative dispute resolution as part of a terms of service document.
The final rule does not require a customer to participate in a REP’s complaint process prior to being allowed to file a complaint with the PUC.
Project 59557
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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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