(a) Application. This section does not apply to a municipally owned utility where it offers retail electric power or energy outside its certificated service territory or to a retail electric provider (REP) that is an electric cooperative.
(b) Record retention.
(1) Each REP and aggregator shall establish and maintain records and data that are sufficient to:
(2) All records required by this subchapter shall be retained for no less than two years, unless otherwise specified.
(3) Unless otherwise prescribed by the commission or its authorized representative, all records required by this subchapter shall be provided to the commission within 15 calendar days of its request.
(c) Annual reports. In its annual report, a REP shall report the information required by §25.107 of this title (relating to Certification of Retail Electric Providers (REPs)) to the commission and the Office of Public Utility Counsel (OPUC) and the following additional information on a form approved by the commission for the 12-month period ending December 31 of the prior year:
(1) The number of residential customers served, by nine-digit zip code and census tract, by month;
(2) The number of written denial of service notices issued by the REP, by month, by customer class, by nine-digit zip code and census tract;
(3) The number and total aggregated dollar amount of deposits held by the REP, by month, by customer class, by nine-digit zip code and census tract;
(4) Information relating to the REP's bill payment assistance program for residential electric customers required by §25.480(n)(1) of this title (relating to Bill Payment and Adjustments);
(5) The number of complaints received by the REP from residential customers for the following categories by month, by nine-digit zip code and census tract:
(6) In reporting the number of informal complaints received pursuant to paragraph (4) of this subsection, a REP may identify the number of complaints in which it has disputed categorization or assignment pursuant to the provisions set forth in §25.485 of this title (relating to Customer Access and Complaint Handling).
(d) Information regarding payment options and payment assistance programs. With its annual report, a REP shall include a statement containing the information described in §25.480(n) of this title to the extent such information is not included in the form approved by the commission pursuant to subsection (c) of this section.
(e) Additional information. Upon written request by the commission, a REP or aggregator shall provide within 15 days any information, including but not limited to marketing information, necessary for the commission to investigate an alleged discriminatory practice prohibited by §25.471(c) of this title (relating to General Provisions of the Customer Protection Rules).
Source Note: The provisions of this §25.491 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective November 3, 2009, 34 TexReg 7647; amended to be effective May 13, 2018, 43 TexReg 3001