WHAT DEREGULATION MEANS TO TEXAS CONSUMERS
In January of 2002, Texas launched a bold experiment when the state allowed consumers to choose power generation suppliers.
This is known as electric deregulation, and if you’re unsure what it means to you, you’re not alone. Many people are confused about deregulation and its implications. To compound the confusion, the deregulation experiment has gone painfully awry in several states across the nation, most notably in California, where wholesale power rates increased as much as several hundred percent since electric deregulation was implemented.
Anatomy of an Electric Bill
The three parts of your electric bill are generation, transmission and distribution. Electric deregulation changes how power generation is bought and sold. It did not change how power will be transmitted or distributed.
GENERATION is the actual production of electric power, whether by hydroelectric dams, coal or natural gas fired plants, nuclear power plants, wind turbines, solar cells or other means. Most power in Texas is produced by natural gas, coal and oil.
TRANSMISSION is the process of moving power from the point of generation (a power plant, for instance) to the point of distribution (called a substation). This is done by high-voltage transmission lines carrying huge amounts of electricity, sometimes as much as 400,000 volts. Compared to the millions of miles of distribution lines, transmission lines are relatively short.
DISTRIBUTION is the process of getting power to the consumer. This is the network of lines that connects the transmission delivery point (such as a substation) to homes, stores, offices, factories – anyone that buys retail electricity.
Co-ops Power Texas Communities
There are about 70 electric co-ops in Texas, including United Cooperative Services. You are a member of an electric distribution cooperative. Another seven Texas co-ops generate and transmit electricity. In that capacity, they provide wholesale electricity to member distribution co-ops.
United distributes electricity from its power supplier (Constellation Energy) to its members. As a wholesale purchaser of electricity from Constellation, United pays for both generation and transmission, passing these costs on to members without mark-up.
What Deregulation Did
Deregulation affects only power generation (not transmission or distribution). Many utilities – private and public – not only distributed power, but generated and transmitted it as well. Deregulation required these companies to separate those parts of their businesses that supply power.
The eventual result of this divestiture created a “power market” where power suppliers are free to sell their electricity to the highest bidder. The law of supply and demand, deregulation advocates say, will ultimately benefit everyone: power producers, utilities and of course, consumers. This is clearly subjective.
Why Co-ops Have a Choice in Deregulation
When the Texas Legislature approved electric restructuring in 1999, it exempted cooperatives and municipally owned systems. Why? Because these services are owned by their members and customers and run on a democratic business model. Co-op members, for instance, elect their board of directors, which in turn set co-op policy.
Does this mean that co-ops cannot deregulate? Not at all. It means co-ops like United may choose to opt in or out of deregulation. Currently, however, to enter the deregulated market, United would take on millions of dollars in additional costs, which would likely either eliminate any savings or cause higher rates. Unlike electric distributors elsewhere in the state, co-ops and municipally owned systems have a choice.
This gives rural electric cooperatives a unique advantage: the opportunity to wait and see if the state deregulation experiment will benefit their member-owners, especially in the rural markets where the cooperatives primarily operate.
“Opting In” is Forever
There is no deadline for co-ops to “opt in,” but – and this is important – if a co-op decides to become deregulated, the decision is virtually permanent. Opting “out” again is not a viable choice.
Once a co-op chooses deregulation, it must purchase its power on the market at the prevailing market price, competing against all other power consumers, bidding high when power is expensive and low when it is cheap. Whether this will result in energy savings is a question that has yet to be answered.
Why We Want to “Wait and See”
Regardless of whether United ultimately opts in or out of deregulation, we will remain your power distributor. If the co-op becomes deregulated and buys power at market prices, the generation part of your bill will reflect the higher or lower cost, but the other parts of your bill – transmission and distribution – will be unaffected.
No one has a crystal ball to view the future of electric deregulation. Like many other Texas cooperatives, we believe the wisest course is to “wait and see.” Before deciding, United wants to know if deregulation has raised or lowered rates for other Texas power consumers, particularly in rural areas.
Unlike private corporations, co-ops are owned by their members. United’s board of directors is elected to set policy that most benefits its member-owners. The board is answerable to members and only to members, not shareholders or investment banks.
Not Until We’re Sure It’s Right
Generations of Texas schoolchildren have memorized the motto of Davy Crockett, defender of the Alamo: “Be sure you’re right, then go ahead.” That wisdom is as apt today as it was in 1836.
United Cooperative Services intends to go on serving our members first as we have since 1938. We intend to go on providing the same superior service, personal attention and affordable rates our members have come to expect. As of right now, staying out of the deregulated market makes the most sense for our members. Even with all the low-rate gimmicks and “free” times, our constant monthly comparisons have found deregulation still cannot provide the same low rates we supply to our members day in, day out.
Perhaps one day in the future, deregulation could beat the competitive pricing we currently offer and the time will come for us to consider joining the deregulated market. If that time ever comes, and it makes economic sense for United members without putting them at risk, then we will do what’s right for our members. Regardless, we will continue to deliver exceptional service and value to our membership in the most efficient way possible.
Frequently Asked Questions About Deregulation and Restructuring
No. About 70 other municipalities have the same option as co-ops to wait and decide.
When Texas legislators approved electric restructuring in 1999, they recognized that member-owned electric co-ops and city-owned systems are locally based and that they operate under a democratic business model. Co-op boards of directors and members must decide what path to take. Investor-owned utilities are dedicated to maximizing profits for shareholders. United's goal, as it always has been, is to serve you conscientiously and efficiently at the best possible cost.
Each co-op will decide in its own time. Many will wait and see what the real costs of deregulation will be. United will opt for competition only if it benefits you, the member-owner.
Only if you request it.
No. You don’t have to change.
No. We are against rushing into anything that might not be advantageous to our member-consumers. Telephone, airline and railroad deregulation, for example, have had their down sides. Deregulation of these industries has not always resulted in benefits for consumers, especially in rural areas and small communities. And once a decision to change is made, it cannot be revoked.
If a co-op in your area opts in to restructuring, you may be able to become a co-op member-consumer.

ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 (EISA)
Amendments to the Public Utility Regulatory Policies Act (PURPA)
The United Cooperative Services Board of Directors has initiated a process to review standards as required by the Energy Independence and Security Act of 2007. A resolution, timeline and notice of proceeding was approved at the Board of Directors’ September Board Meeting, held in Stephenville, Texas on September 29, 2008. The notice of proceeding has appeared in the November issue of Texas Co-op Power as well as in local newspapers throughout United’s territory. The notice, while the response date has passed, can be accessed by clicking the Notice of Proceeding link in the downloads section below. The most current timeline for completion of this process can be accessed by clicking HERE.
PDF Downloads:
- Board Resolution (Adopted/Posted on September 29, 2008)
- Original Timeline for Resolution (Adopted/Posted on September 29, 2008) – Note: a new timeline has been established – see the bottom of this page for newest postings…
- Notice of Proceeding (Adopted/Posted on September 29, 2008)
- Frequently Asked Questions (Posted on November 14, 2008)
- Record of Posting (Posted on February 23, 2009)
- Updated Timeline for Resolution (Posted Feb. 23, 2009)
- Updated Timeline for Resolution (Posted March 20, 2009)
- Staff’s Recommendations Relating to Standards to Board of Directors to be covered with the Board of Directors at its March 30, 2009 Board Meeting, also providing notice of a public hearing to occur on April 9, 2009, 11:00 a.m., at United’s headquarters. (Posted March 20, 2009)
- Staff’s Recommendations Relating to Standards to Board of Directors was covered with the Board of Directors at its March 30, 2009 Board Meeting. United’s Board of Directors discussed the Staff’s Recommendations and had no suggestions for changes at this point. The Board will review any comments received from Members prior to approval of Staff’s Recommendations. (Posted April 9, 2009).
- A public hearing was held on April 9, 2009, at United Electric Cooperative Service’s headquarters beginning at 11:15 am to hear and consider any Member comments concerning the Staff’s Recommendation relating to the standards. Click here to view the presentation that was available for review at the public hearing that was also shown at the March 30, Board Meeting. Click here to listen to the audio file of the hearing. (Posted April 9, 2009, updated with audio file on April 17, 2009).
- Staff’s Final Recommendation Relating to Standards to Board of Directors was presented at the May 18, 2009 regularly scheduled May Board of Directors meeting.
- The Board of Directors met for its regularly scheduled monthly board meeting on May 18, 2009. During the meeting, the Board of Directors considered and accepted by Resolution the Final Determination Relating to the Standards.
Publication Name Publish Date
| Alvarado Star | Nov. 6, 2008 |
| Bosque County News | Nov. 5, 2008 |
| Burleson Star | Nov. 2, 2008 Nov. 5, 2008 |
| Cleburne Times Review | Nov. 2, 2008 |
| Clifton Record | Nov. 5, 2008 |
| Dublin Citizen | Nov. 6, 2008 |
| Fort Worth Star-Telegram | Nov. 3, 2008 |
| Grandview Tribune | Nov. 7, 2008 |
| Hood County News | Nov. 5, 2008 |
| Joshua Star | Nov. 6, 2008 |
| Keene Star | Nov. 6, 2008 |
| Lake Country Sun | Nov. 7, 2008 |
| Mineral Wells Index | Nov. 2, 2008 |
| Stephenville Empire-Tribune | Nov. 2, 2008 |
| Texas Co-op Power | November 2008 |

A BRIEF DESCRIPTION OF HOW THIS WINTER STORM IMPACTS MEMBER BILLS
During Winter Storm Uri in February 2021, wholesale power prices in ERCOT were $9 per kWh for nearly four full days. By comparison, wholesale power prices are about 8-10 cents per kWh more than a year after Uri.
The immediate cost of the event to United was over $530 million, which was never billed to United by Brazos Electric because Brazos filed for bankruptcy. As a result of the bankruptcy process, that amount was initially increased to $560 million. During the bankruptcy mediation, a reduction was agreed upon, and the amount that actually billed to United was about $440 million—a reduction of $120 million because of the final outcome of the bankruptcy.
To pay this bill in the least impactful way to the membership, United issued securitized bonds allowed by Senate Bill 1580, which the Texas Legislature passed in 2021. In December 2022, United paid the $440 million bill as a part of the mediated settlement of all the parties of the bankruptcy, including ERCOT, the Public Utility Commission of Texas, the State of Texas, creditors in the bankruptcy case and all market participants. The securitization financing allows United to spread these extraordinary costs over 28 years to keep member bills from being sharply higher.
The rate, effective with the July 2025 billing cycle, will include a securitization charge of 1.11 cents per kWh to member bills. This will be included in the PCRF on member bills. The monthly impact on 1,000 kWh usage will be about $11. Every six months, United will review the amount that is charged on a per-kWh basis and adjust, if necessary, to ensure it is collecting the correct amount to satisfy the bond holders. As United grows in the future, the per-kWh charge is expected to be reduced as the securitized amount will be spread across the additional meters.
The law (Senate Bill 1580) requires the charge to be applied to all existing and new members’ bills. The charge will stay with the meter until the securitization term ends in 2050, so it doesn’t matter if you’re a new member or were served by United during the storm. The law requires United to apply the charge to all members in this manner.
In the first half of 2023, a hardship fund was established to help offset the cost of the securitization for qualifying low-income members. Learn more about this program by clicking here:
Brazos Electric Ratepayer Hardship Fund
Adoption of Financing Order
On August 22, 2022, United’s Board of Directors adopted a Financing Order pursuant to Senate Bill 1580, Subchapter D of Chapter 41 of the Texas Utilities Code, §§ 41.151 – 41.163. The Financing Order authorizes United to utilize securitization financing to recover power costs and other extraordinary costs and expenses incurred due to Winter Storm Uri. The financing is expected to close by the end of this year, 2022. The financing will allow for the spreading of these extraordinary costs and expenses over an extended period of time at what is anticipated to be an advantageous interest rate instead of such extraordinary costs and expenses of Winter Storm Uri becoming due all at once. The securitized charges, including related costs and expenses, will be irrevocable, will be adjusted from month-to-month to pay the related bonds, and will be included in member monthly bills starting in or about January 2023. A copy of the Financing Order is available here.