Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS. (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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 37 - Certificates of Convenience and Necessity
Subchapter B. Certificate of Convenience and Necessity
Section 37.051. Certificate Required
Section 37.052. Exceptions to Certificate Requirement for Service Extension
Section 37.0521. Exception for Retail Sales by Certain Qualifying Cogenerators
Section 37.053. Application for Certificate
Section 37.054. Notice and Hearing on Application
Section 37.0541. Consolidation of Certain Proceedings
Section 37.055. Request for Preliminary Order
Section 37.056. Grant or Denial of Certificate
Section 37.057. Deadline for Application for New Transmission Facility