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PowertoFail

An investigative record of Texas electricity rates.

Vol. I · No. 1 Fine Print

Disclaimer & Terms of Use

Read this before you make a decision based on anything you see here.

What this site is

PowerToFail is an independent, non-commercial project that collects publicly available Texas retail electricity plan data from the PowerToChoose API — the rate-comparison service operated by the Public Utility Commission of Texas (PUCT) — and stores it over time so you can see how rates have moved. We are not affiliated with PowerToChoose, the PUCT, any transmission & distribution utility (TDU), or any retail electric provider (REP).

No warranty of accuracy

The data shown on this site is provided as-is, with no warranty of any kind, express or implied, including but not limited to accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, or non-infringement. Plan details, rates, terms, fees, bill credits, renewable content percentages, cancellation fees, contract lengths, and line-item charges are extracted automatically from PowerToChoose API responses and from provider-published Electricity Facts Labels (EFLs). That automated extraction involves large-language-model parsing of PDF text and may produce errors, omissions, or stale values. Providers also change plans, terms, and pricing without notice, and their PowerToChoose listings may not always reflect the most current offer.

Not an offer, not advice

Nothing on this site constitutes an offer to sell electricity service, a recommendation to enroll in any plan, or financial, legal, tax, or professional advice. The "True Cost Calculator" is an estimation tool only; actual bills depend on your specific usage patterns, metering, taxes, city-authorized charges, and terms set by the retail provider you choose. Always verify plan details directly with the retail provider and read the current EFL and Terms of Service before enrolling. The official EFL and TOS documents published by the provider control — not any summary, extraction, or calculation shown here.

Cookies & privacy

This site sets a single strictly-necessary session cookie named tert_s when you load any page. The cookie contains only a timestamp cryptographically signed with a server-side secret — no user identifier, no device fingerprint, no cross-site data, and no tracking of any kind. Its sole purpose is to verify that requests to our internal data API are coming from a real browser session, so we can resist automated scraping of the rate database.

The cookie is HttpOnly (inaccessible to client-side JavaScript), SameSite=Strict (never sent to any other site), served Secure when the connection is HTTPS, scoped to this domain only, and expires 24 hours after issue. We set no analytics, advertising, attribution, or personalization cookies. We use no third-party cookies. We operate no user accounts, run no pixel trackers, and send no data to any third party.

Under the EU ePrivacy Directive, the UK Privacy and Electronic Communications Regulations (PECR), and comparable regimes worldwide, cookies that are strictly necessary to provide a service explicitly requested by the user do not require prior consent — only disclosure. This page constitutes that disclosure. Because we set no non-essential cookies, there is no banner to click and no preferences to configure.

Separate from cookies, standard webserver request logs (IP address, timestamp, requested URL, user agent) are retained short-term for rate-limit enforcement and basic operational debugging. They are not correlated to any identity, shared with any third party, or used for any other purpose. We do not sell or share any data about site visitors under CCPA/CPRA or any other framework — because we do not collect any data about site visitors to begin with.

Accessibility

This site is built against WCAG 2.1 Level AA, the standard U.S. courts apply when evaluating website accessibility under the ADA. As of April 2026 an automated audit using axe-core returns zero violations across every public page. Keyboard navigation works throughout; a skip-to-content link is on every page; color contrast meets the 4.5:1 minimum; form controls have accessible names; tables use proper header markup; and focus indicators are visible for tab-based navigation.

Known limitations we're still working on:

If you encounter an accessibility barrier — something that prevents you from reading, comparing, or understanding electricity plan data — please email fail@powertofail.org with the page URL and a brief description. Accessibility reports are treated the same as any other correction: seriously, and with a fix rather than an excuse. This section was last reviewed on .

Conditional-rate flags

Plans labeled as "conditional-rate" on this site are those whose advertised headline price is contingent on a specific condition being met — typically a bill credit that applies only when monthly usage crosses a threshold, a time-of-use "free hours" window, or tiered pricing with different rates at different usage levels. These structures are fully legal, fully disclosed in the provider's Electricity Facts Label, and may be a perfectly good fit depending on your actual consumption pattern. The label is a factual description of the plan's structure — not an accusation, not a value judgment, and not a legal claim about any provider's conduct. Its purpose is to alert you that the headline rate shown in comparison tools may not reflect what you'll actually pay, so you can run the numbers against your own usage.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall the operators, authors, or contributors of PowerToFail be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to lost savings, lost profits, higher-than-expected electric bills, missed enrollment windows, early-termination fees, or any other loss — arising out of or in connection with your use of this site, your reliance on any information presented, or any errors or omissions in the data or calculations. Use at your own risk.

Trademarks

Provider names, logos, plan names, and related marks are the property of their respective owners. Reference to any retail electric provider on this site is for identification and comparison purposes only and does not imply endorsement by or affiliation with that provider.

Referral programs

When this site links to a retail provider's website, signup URL, or referral program, we are passing along publicly available links as a convenience. We do not currently operate an affiliate or referral relationship with any provider, and we receive no compensation for clicks or enrollments. Program details (bonus amounts, eligibility, duration) are subject to change by the provider at any time; verify them on the provider's own page before acting.

Changes

This disclaimer may change without notice. The current version is whatever you see when you load this page.

Contact

If you believe a specific plan's extracted data is wrong, or you'd like a correction, email fail@powertofail.org. Corrections are welcome; lawsuits are not.