Sec. 35.152.  GENERATION ASSETS.  (a)  Electric energy storage equipment or facilities that are intended to be used to sell energy or ancillary services at wholesale are generation assets.
(b)  The owner or operator of electric energy storage equipment or facilities that are generation assets under Subsection (a) is a power generation company and is required to register under Section 39.351(a).  The owner or operator of the equipment or facilities is entitled to:
(1)  interconnect the equipment or facilities;
(2)  obtain transmission service for the equipment or facilities; and
(3)  use the equipment or facilities to sell electricity or ancillary services at wholesale in a manner consistent with the provisions of this title and commission rules applicable to a power generation company or an exempt wholesale generator.
(c)  Notwithstanding Subsection (a), this section does not affect a determination made by the commission in a final order issued before December 31, 2010.
(d)  Subsection (b) does not require a municipally owned utility or an electric cooperative that owns or operates electric energy storage equipment or facilities described by Subsection (a) to register as a power generation company under Section 39.351(a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1069 (S.B. 943), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 77 (S.B. 1012), Sec. 1, eff. September 1, 2019.