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2025 Texas Statutes
Utilities Code
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 39 - Restructuring of Electric Utility Industry
Subchapter D. Market Structure
Section 39.162. Default of Market Participant

Universal Citation:
TX Util § 39.162 (2025)
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Sec. 39.162. DEFAULT OF MARKET PARTICIPANT. (a) The commission shall require that all market participants pay or make provision for the full and prompt payment of amounts owed calculated solely according to the protocols in effect during the period of emergency to the independent organization certified under Section 39.151 for the ERCOT power region to qualify, or to continue to qualify, as a market participant in the ERCOT power region.

(b) If a market participant has failed to fully repay all amounts calculated solely under the protocols in effect during the period of emergency of the independent organization certified under Section 39.151 for the ERCOT power region, the independent organization shall report the market participant as in default to the commission. The commission may not allow the independent organization to accept the defaulting market participant's loads or generation for scheduling in the ERCOT power region, or allow the defaulting market participant to be a market participant in the ERCOT power region for any purpose, until all amounts owed to the independent organization by the market participant as calculated under the protocols are paid in full.

(c) The commission and the independent organization certified under Section 39.151 for the ERCOT power region shall pursue collection in full of amounts owed to the independent organization by the defaulting market participant.

Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 3, eff. June 18, 2021.

Redesignated from Utilities Code, Section 39.160 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 22.003(b), eff. September 1, 2023.

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