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Texas Complainant Withdraws Complaint Which Alleged That, Under Texas Contract Law, REP Contracts Longer Than 12 Months Must Be In Writing & Signed By Both Parties
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A complainant has withdrawn a recently filed complaint at the Texas PUC against Discount Power (TX) which had alleged that, under a Texas statute governing contracts, a REP customer agreement which lasts longer than 12 months must be signed by both parties to be valid
The complainant, Craig McClelland, filed a dismissal of the complaint, stating that, "Complainant and Respondent have been able to resolve the complaint and issues amicably."
The originally filed complaint was notable due to its allegation that, "Under Texas Business and Commerce Code section 26.01, an 'an agreement which is not to be performed within one year from the date of making the agreement' MUST BE '(1) in writing and (2) signed by the person to be charged with the promise or agreement....' (emphasis added [by complainant]).
The originally filed complaint had alleged that Texas Business and Commerce Code Section 26.01(a) applies to REP contracts and requires, for example, a 3-year contract to be (1) in writing and (2) signed by both parties
See full details concerning the original allegations in our prior story here
An ALJ has formally accepted the withdrawal and dismissed the complaint
Docket 57938
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April 22, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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