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An Administrative Law Judge (ALJ) at the Public Utility Commission of Texas (PUCT) issued Order No. 1 that outlines two separate options “by which Mr. Brodbeck’ s concerns about Tesla Energy Ventures can be evaluated by the Commission. First, Mr. Brodbeck may pursue and prosecute his own complaint. Under this option, Mr. Brodbeck maintains responsibility for pursuing and proving his complaint. Alternatively, Mr. Brodbeck may request the Commission’ s Division of Compliance and Enforcement (DICE) to investigate and take appropriate action. Under this option, Mr. Brodbeck turns over responsibility for investigating his complaint to DICE. Each of these options is discussed in more detail below.

PUCT ALJ Reminds Complainant of Two Separate Available Options to Resolve Customer Complaints

Option 1 – Formal Complaint

Currently, Mr. Brodbeck’ s filing constitutes a formal complaint brought under 16 Texas Administrative Code (TAC) § 22.242. A formal complaint is an official request for the Commission to decide a dispute involving utility service or billing issues. Filing a formal complaint is similar to filing a lawsuit in court. The processing of a formal complaint involves a judge, a possible evidentiary hearing, much like a trial, attorneys, evidence, direct testimony, and cross examination of witnesses. If Mr. Brodbeck wishes for this matter to remain as a formal complaint, Mr. Brodbeck will bear the burden of producing evidence sufficient to prove Tesla Energy Ventures committed the actions alleged by Mr. Brodbeck and that those actions violated a tariff, law, rule, or order that the Commission has jurisdiction to enforce. Mr. Brodbeck may hire an attorney to represent him and prosecute the formal complaint or may choose to represent himself.

Formal complaints can address whether a complainant is owed a refund or determine whether the utility service provider complied with the laws that the Commission has jurisdiction to enforce. However, the Commission does not have authority to order some forms of relief that are available in courts of law, such as awarding attorney’ s fees, court costs, or damages under contract law. Those types of relief must be sought before a court of competent jurisdiction.1

Option II – Review by the Commission’s Division of Compliance and Enforcement

Alternatively, if Mr. Brodbeck does not wish for this matter to remain as a formal complaint, Mr. Brodbeck may request that the formal complaint be withdrawn and that the information provided in the formal complaint be provided to DICE to investigate and take appropriate action. If Mr. Brodbeck chooses this option, the information provided by Mr. Brodbeck will be independently investigated and evaluated by DICE. If DICE determines violations of a Commission rule or order, or of the law may have occurred, it will take appropriate steps, which may include, but are not limited to, requesting the Commission impose administrative penalties or require corrective action. In such a case, attorneys from DICE will, if necessary, institute an enforcement action against Tesla Energy Ventures. Mr. Brodbeck is not a party to the DICE investigation nor any enforcement action that might result from the DICE investigation. In such event, DICE would bear the burden of proof in any enforcement action.”

Requiring Response

“By April 10, 2026 Commission Staff from DICE must: (1) contact Mr. Brodbeck and provide additional explanation about the two options discussed above; and (2) file a notice of appearance in this docket. After conferring with Commission Staff from DICE, Mr. Brodbeck must, by April 17, 2026, complete and file in this docket the statement attached to this Order at Attachment A clarifying whether he wishes: (1) for this matter to remain as a formal complaint; or (2) to withdraw the formal complaint and forward the information provided in the formal complaint to DICE to investigate and take appropriate action.

If Mr. Brodbeck chooses the second option, the Administrative Law Judge (ALJ) will treat the formal complaint as withdrawn and close this docket with no further action needed from any party.

If Mr. Brodbeck chooses the first option, the ALJ will file an order with a schedule for processing the formal complaint.”