Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE B. ELECTRIC UTILITIES · CHAPTER 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY
Texas Codes

Tex. Util. Code § 39.163 (2026)

Amounts Owed To Independent Organization By Market Participants

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Sec. 39.163. AMOUNTS OWED TO INDEPENDENT ORGANIZATION BY MARKET PARTICIPANTS. (a) The commission shall require that all market participants fully and promptly pay to the independent organization certified under Section 39.151 for the ERCOT power region all amounts owed to the independent organization, or provide for the full and prompt payment of those amounts owed, which must be calculated solely according to the protocols of the independent organization in effect during the period of emergency and subject to the jurisdiction of the commission, to qualify, or to continue to qualify, as a market participant in the ERCOT power region.

(b) The independent organization shall report to the commission that a market participant is in default for the failure to pay, or provide for the full and prompt payment of, all amounts owed to the independent organization as calculated in accordance with this section. The commission may not allow the defaulting market participant to continue to be a market participant in the ERCOT power region for any purpose or allow the independent organization to accept the defaulting market participant's loads or generation for scheduling in the ERCOT power region until all amounts owed to the independent organization by the market participant as calculated in this section are fully paid.

(c) The commission and the independent organization shall pursue collection in full of amounts owed to the independent organization by any market participant to reduce the costs that would otherwise be borne by other market participants or their customers.

Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 4, eff. June 16, 2021.

Redesignated from Utilities Code, Section 39.159 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 22.003(c), eff. September 1, 2023.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Panda Sherman Power Intermediate Holdings I, LLC v. H.B. \Trip\" Doggett Warren Lasher Bill Magness & Kent Saathoff", No. 03-18-00695-CV (Tex. App.—Austin Nov. 28, 2023).
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Panda Sherman Power Intermediate Holdings I, LLC v. H.B. \Trip\" Doggett Warren Lasher Bill Magness & Kent Saathoff", No. 03-18-00695-CV (Tex. App.—Austin Nov. 28, 2023). “A “market participant” (such as Panda) is statutorily required to pay ERCOT “all amounts owed” to it, see Tex. Util. Code § 39.163(a), which necessarily includes the system administration fee.”
Tex. Util. Code § 39.163(a): 1 case
Panda Sherman Power Intermediate Holdings I, LLC v. H.B. \Trip\" Doggett Warren Lasher Bill Magness & Kent Saathoff", No. 03-18-00695-CV (Tex. App.—Austin Nov. 28, 2023). “A “market participant” (such as Panda) is statutorily required to pay ERCOT “all amounts owed” to it, see Tex. Util. Code § 39.163(a), which necessarily includes the system administration fee.”
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