Notwithstanding any other law, no default or uplift charge or repayment may be allocated to or collected from a market participant that:

1. (1) otherwise would be subject to an uplift charge solely as a result of acting as a central counterparty clearinghouse in wholesale market transactions in the ERCOT power region; and

2. (2) is regulated as a derivatives clearing organization, as defined by the Commodity Exchange Act (7 U.S.C. Section 1a).

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

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