Tex. Utils. Code Section 37.0521
Exception for Retail Sales by Certain Qualifying Cogenerators

(a)

Notwithstanding Section 37.001 (Definitions)(3), a qualifying cogenerator may sell electric energy at retail to more than one purchaser of the cogenerator’s thermal output.

(b)

Selling electric energy at retail to more than one purchaser does not, as a result of that sale, subject a qualifying cogenerator to regulation as:

(1)

a retail electric provider or power generation company; or

(2)

a retail electric utility under Chapter 37 (Certificates of Convenience and Necessity).

(c)

This section does not apply to sales in an area:

(1)

in which customer choice has not been adopted and where a municipally owned utility or an electric cooperative is certificated to provide retail electric utility service; or

(2)

that is served by an electric utility that operates solely outside of ERCOT.
Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.

Source: Section 37.0521 — Exception for Retail Sales by Certain Qualifying Cogenerators, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­37.­htm#37.­0521 (accessed May 11, 2024).

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Accessed:
May 11, 2024

§ 37.0521’s source at texas​.gov