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ALJ Concludes Existence Of Factual Issue Precludes Dismissal Of Customer Complaint Against REP – A New Customer Complaint Threshold?
An Administrative Law Judge (ALJ) at the Public Utilities Commission of Texas (PUCT) files grounds for denying motion to dismiss customer complaint against Green Mountain:
“Green Mountain moved to dismiss the complaint for other good cause shown under 16 TAC § 22.181(11) stating Ms. Nyulund lacks capacity to pursue a complaint for the property in issue. Green Mountain asserts that Ms. Nyulund’s complaint concerns a property that is a part of an estate for which Ms. Nyulund used to be the guardian, but that she no longer has the legal capacity to act on behalf of the estate. Ms. Nyulund asserts that her name is on the bills, and she is Docket No. 57989 Order No. 7 Page 2 of 4 the account holder and thus has standing to bring the formal complaint in this proceeding. Ms. Nyulund’ s original compliant includes invoices with her listed as the customer for the property and account at issue in this proceeding. And it appears to the ALJ that all disputed bills have her name identified as the customer.
“Given that the disputed bills are in Ms. Nyulund’ s name, and she claims to be the account holder, the ALJ concludes there is at least a fact issue that precludes dismissal. While the claims in this case could belong to the estate, and not Ms. Nyulund, the record does not establish that indisputably such that the case could be dismissed on that ground. Dismissal is not appropriate when there are disputed fact issues that must be resolved to determine the propriety of such dismissal. Accordingly, the ALJ finds that Green Mountain has failed to demonstrate good cause to dismiss the complaint.
Order No. 7 – Denying Motion To Dismiss And Addressing Hearing Request (10/16/2025)
57989 (04/21/2025)
(Complaint Of Anna Nyulund Against Green Mountain Energy)
