1. (a) Records of Complaints. Any affected person may complain to the commission in writing setting forth any act or thing done or omitted to be done by any public utility in violation or claimed violation of any law which the commission has jurisdiction to administer or of any order, ordinance, rule, or regulation of the commission. The commission shall keep information about each complaint filed with the commission. The commission shall retain the information for a reasonable period. The information shall include:

   1. (1) the date the complaint is received;
   2. (2) the name of the complainant;
   3. (3) the subject matter of the complaint;
   4. (4) a record of all persons contacted in relation to the complaint;
   5. (5) a summary of the results of the review or investigation of the complaint; and
   6. (6) for complaints for which the commission took no action, an explanation of the reason the complaint was closed without action.
2. (b) Access to Complaint Records. The commission shall keep a file about each written complaint filed with the commission that the commission has the authority to resolve. The commission shall provide to the person filing the complaint and to the persons or entities complained about the commission's policies and procedures pertaining to complaint investigation and resolution. The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person or entity complained of about the status of the complaint unless the notice would jeopardize an undercover investigation.

3. (c) Requirement to Present Complaint Concerning Electric Utility to a City. If a person receives electric utility service or has applied to receive such utility service within the limits of a city that has original jurisdiction over the electric utility providing service or requested to provide service, the person must present any complaint concerning the electric utility to the city before presenting the complaint to the commission. The person may present the complaint to the commission after:

   1. (1) the city issues a decision on the complaint; or
   2. (2) the city issues a statement that it will not consider the complaint or a class of complaints that includes the person's complaint.

4. (d) Informal Resolution Required in Certain Cases. A person who is aggrieved by the conduct of a utility or other person must present a complaint to the Consumer Affairs Office for informal resolution before presenting the complaint to the commission, except in the following situations.

   1. (1) A complainant may present a formal complaint to the commission, without first referring the matters to the public information division for informal resolution, if:

      1. (A) the complainant is the general counsel, the office of public utility counsel, or any city;
      2. (B) the complaint is filed by a qualifying facility and concerns rates paid by a utility for power provided by the qualifying facility, the terms and conditions for the purchase of such power, or any other matter that affects the relations between a utility and a qualifying facility;
      3. (C) the complaint is filed by a person alleging that a utility has engaged in anti-competitive practices; or
      4. (D) the complaint has been the subject of a complaint proceeding conducted by a city.
   2. (2) For any complaint that is not listed in paragraph (1) of this subsection, the complainant may submit to the secretary a written request for waiver of the requirement for attempted informal resolution. The complainant shall clearly state the reasons informal resolution is not appropriate. The secretary may grant the request for good cause.
5. (e) Termination of Informal Resolution. The Consumer Affairs Office shall attempt to informally resolve all complaints within 45 days of the date of receipt of the complaint. The Consumer Affairs Office shall notify, in writing, the complainant and the person against whom the complainant is seeking relief of the status of the dispute at the end of the 45-day period. If the dispute has not been resolved to the complainant's satisfaction within 45 days, the complainant may present the complaint to the commission. The public information division shall notify the complainant of the procedures for formally presenting a complaint to the commission.

6. (f) Information Required. The secretary may permit a complainant to cure any deficiencies under this subsection and may waive any of the requirements of this subsection for good cause, if the waiver will not materially affect the rights of any other party. A complaint shall include the following information:

   1. (1) the name of the complainant or complainants;
   2. (2) the name of the complainant's representative, if any;
   3. (3) the address, telephone number, and facsimile transmission number, if available, of the complainant or the complainant's representative;
   4. (4) the name of the utility or other person against whom the complainant is seeking relief;
   5. (5) if the complainant is seeking relief against an electric utility, a statement of whether the complaint relates to service that the complainant is receiving within the limits of a city;
   6. (6) if the complainant is seeking relief against an electric utility within the limits of a city, a description of any complaint proceedings conducted by the city, including the outcome of those proceedings;
   7. (7) a statement of whether the complainant has attempted informal resolution through the public information division and the date on which the informal resolution was completed or the time for attempting the informal resolution elapsed;
   8. (8) a description of the facts that gave rise to the complaint; and
   9. (9) a statement of the relief that the complainant is seeking.
7. (g) Copies to be Provided. A complainant shall file eight copies of the complaint. A complainant shall provide a copy of the complaint to the person from whom relief is sought.
8. (h) Docketing of Complaints. The secretary shall docket any complaint that substantially complies with the requirements of this section.
9. (i) Continuation of Service During Processing of Complaint. In any case in which a formal complaint has been filed and an allegation is made that a utility or other person is threatening to discontinue a customer's service, the presiding officer may, after notice and opportunity for hearing, issue an order requiring the utility or other person to continue to provide service during the processing of the complaint. The presiding officer may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint.
10. (j) List of Cities Without Regulatory Authority. The Consumer Affairs Office shall maintain and make available to the public a list of the municipalities that do not have exclusive original jurisdiction over all electric rates, operations, and services provided by an electric utility within its city or town limits.

Source Note:The provisions of this §22.242 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627.