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From the Texas Public Utilities Commission Chairman’s Memo:

{***} “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 (SOAH) for a hearing on the merits. 

In their complaint, the Boykens allege that Oncor failed to properly repair equipment after a power outage caused a power surge to their home. They allege that this resulted in damage to their home appliances, and they request reimbursement from Oncor. This request for monetary relief is the basis for the proposed dismissal. The proposal for decision concludes that because the Commission has no authority to order reimbursement for appliance repairs, the Boykens have failed to state a claim for which the Commission can provide relief. 

I disagree. Regardless 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.” {***}

Chairman Thomas Gleeson Memorandum  (10/01/2025)
57368
(Complaint Of Dennis And Peggy Boyken Against Oncor Electric Delivery Company LLC)