(a) Notwithstanding § 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.