Tex. Utilities Code § 37.0521
This is the official text of Tex. Utilities Code § 37.0521, part of Texas’s Utilities Code — regulates utility companies.
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§ 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS.
Official statutory text
(a) Notwithstanding Section 37.001(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.
(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.
(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.
(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.
Status: in_force · Read it on the official government site
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