1. (a) Application. This section does not apply to a REP that is a municipally owned utility or electric cooperative.

2. (b) Record retention.

   1. (1) Each REP and aggregator shall establish and maintain records and data that are sufficient to:

      1. (A) Verify its compliance with the requirements of any applicable commission rules; and
      2. (B) Support any investigation of customer complaints.
   2. (2) All records required by this subchapter shall be retained for no less than two years, unless otherwise specified.
   3. (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.

3. (c) Annual reports. On June 1 of each year, a REP shall report the information required by §25.107 of this title (relating to Certification of Retail Electric Providers) 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. (1) The number of residential customers served, by nine-digit zip code and census tract, by month, to the extent that such zip code and census tract information is available;
   2. (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. (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; and

   4. (4) 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:

      1. (A) Denial of service;
      2. (B) Quality of service;
      3. (C) Unauthorized billing (cramming);
      4. (D) Unauthorized change of a REP (slamming);
      5. (E) Accuracy of billing services; and
      6. (F) Collection and contract termination.
4. (d) Additional information. Upon written request by the commission or the Office of Public Utility Counsel (OPC), a REP or aggregator shall provide within 15 days any information, including but not limited to marketing information, necessary for the commission or OPC 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.