Section 39.161 - Charges For Certain Market Participants Notwithstanding any other law, no default or uplift charge or repayment may be allocated to or collected from a market participant that:
(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) is regulated as a derivatives clearing organization, as defined by the Commodity Exchange Act ( 7 U.S.C. Section 1a ). Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 22.003, eff. 9/1/2023.Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 950,Sec. 3, eff. 6/18/2021.