Below is an exact copy of the Public Utilities Commission (PUC) most recently published analysis of the two-decade old, deregulated retail market on which most Texans must purchase their residential and small business electricity services. Please note no mention is made of the various and numerous REP market shares. 

Non-disclosure of that data by the PUC prevents us consumers from seeing and evaluating the true status of competitiveness in the marketplace. Of special concern is the rising market concentration (mergers of Reps) in the state's retail electricity market. Given the most recent acquisitions, some question whether a retail market with higher levels of concentration can continue to offer low prices. Two Reps, NRG and Vistra, following NRG's acquisition of Direct Energy in early 2020, now serve an estimated 78% share of the residential segment of the market. Independent research agencies studying the matter have reported the number. 

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Extract of Biennial Agency Report (PUCT) to the 88^th Texas Legislature

dated January 2023 

COMPETITIVE RETAIL MARKET

Retail Electric Providers

Texans in areas open to retail competition choose electricity products from a variety of REPs. A REP buys power from power generators and sells it to its consumers. A REP also manages the retail relationship with the consumer, including billing and customer service. Nearly all eligible consumers have exercised the right to choose their electricity provider since the market opened. During the 2021-22 biennium, the number of REPs and offers in the competitive market areas of ERCOT has increased. Thirty-eight new REPs have been certificated by the PUCT and 19 REPs have relinquished their certificates to operate in Texas. There are currently 138 REPs authorized to sell electricity in the Texas competitive market.

Each REP can offer a wide variety of plans to suit consumer preferences. As of September 2022, plans are available that offer 100% renewable electricity, time-of-use pricing such as free electricity on the weekends, and prepaid plans. Contract terms vary from one month up to 60 months.

The variety of plans available in the competitive retail market allows consumers to choose a plan that best fits their needs and budget. As of March 2022, REPs in the competitive market serve 6,869,461 residential premises, 1,175,922 commercial premises, and 4,715 industrial premises. The average prices available on powertochoose.org for a 12-month, fixed-rate plan across the TDU service territories in November 2022 ranged from 14.83¢ per kilowatt hour (kWh) to 16.93¢ per kWh. 

Electricity Brokers

 Electricity brokers are relatively new entrants into the competitive market and the services that they offer continue to evolve as the market matures. These electricity brokers do not sell electricity to consumers, and a consumer does not need to have a relationship with an electricity broker to receive electric service. Most electricity brokers provide shopping services for consumers so that they may switch electricity plans among REPs. They also provide supplementary services to their customers, such as energy management services or bill management services. The PUCT gained regulatory authority over brokers with the passage of SB 1497 (86th Legislature, Regular Session). As of November 2022, there are 1,287 active brokers registered with the PUCT.