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ALJ Agrees With Chairman’s Position Regarding Advancing Customer Complaint Against REP For Hearing On The Merits
As reported previously, Chairman Gleeson of the Public Utilities Commission of Texas (PUCT) issued a memorandum prior to open commission meeting articulating that “before the Commission is a proposal for decision that recommends dismissing Dennis and Peggy Boyken’s complaint against Oncor Electric Delivery Company LLC for failure to state a claim for which relief can be granted. I would reject the proposal for decision and refer this docket to the State Office of Administrative Hearings for a hearing on the merits.”
The Chairman’s memo further states that “[r]egardless of their requested remedy, the Boykens have alleged conduct that, if true, could constitute violations of Oncor’s tariff, Commission rules, or PURA. The underlying facts remain in dispute. The Boykens’ failure to allege specific tariff, rule, or statutory violations does not limit the scope of this proceeding. As the Commission has noted before, the scope of a contested case is not limited to only those statutes or rules cited in a petition: Instead, all pleadings at the Commission are to be construed so as to do substantial justice.2 Thus, the Commission liberally construes pleadings to allow it to fulfill its obligations under the law.3 In this case, because I construe the complaint to allege possible tariff, rule, and statutory violations, I would refer this proceeding to SOAH for further processing rather than dismiss for failure to state a claim.”
In the ALJ’s October 7th order agrees with the Chairman’s memo in addressing the complaint of Dennis and Peggy Boyken against Oncor Electric Delivery Company, LLC.
{***} “In their complaint, the Boykens allege that Oncor failed to properly repair Oncor equipment after a power outage.’ They further claim that Oncor’s alleged failure caused a power surge that resulted in damage to several of their appliances. On July 18,2025, the Commission administrative law judge filed a proposal for decision that recommends dismissing the complaint for failure to state a claim for which relief can be granted.
The scope of a contested case is not limited to only those statutes or rules cited in a petition. Instead, all pleadings at the Commission are to be construed so as to do substantial justice, and the Commission liberally construes pleadings to allow it to fulfill its obligations under the law. The Boykens have alleged conduct that, if true, could constitute violations of PURA, Commission rules, or Oncor’s tariff. Therefore, the Boykens have asserted a claim for which relief, such as a Commission order finding violations occurred, can be granted if supported by the record to be developed in this proceeding.
Factual disputes between the parties remain, and the Boykens have requested referral to the State Office of Administrative Hearings (SOAH) for a hearing on the merits of their complaint.” {***}
Order Declining To Adopt Proposal For Decision (10/07/2025)
Chairman Thomas Gleeson Memorandum (10/01/2025)
57368
(Complaint Of Dennis And Peggy Boyken Against Oncor Electric Delivery Company LLC)
