Texas Utilities Code

§ 37.0521 — EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS

UT § 37.0521Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 37. CERTIFICATES OF CONVENIENCE AND NECESSITY · Art. B. CERTIFICATE OF CONVENIENCE AND NECESSITY

Statute text

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(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

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Legislative history

Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.