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After Senate Bill 7 went into effect in January 2002, nearly 6 million power customers became eligible to choose their energy supplier. That number has grown through the years. By deregulating the state’s energy market, the Texas Senate gave constituents the power to choose. The process of energy deregulation in Texas dismantled the utilities’ monopoly over the electric market and encouraged customers to explore their energy options.
As a result, 85% of Texas power consumers (those served by a company not owned by a municipality or a utility cooperative) can choose their electricity service from a variety of retail electric providers (REPs), including the incumbent utility. The incumbent utility in the area still owns and maintains the local power lines (and is the company to call in the event of a power outage) and is not subject to deregulation. Customers served by cooperatives or municipal utilities can choose an alternate REP only if the utility has "opted in" to deregulation; to date, only the area served by the Nueces Electric Cooperative has chosen to opt in.
Residents and business owners have been able to shop Texas electricity supply rates for more than a decade. When Texans gained the ability to choose their desired energy company in 2002, the electric industry divided into two parts: supply and delivery. Retail energy companies in Texas compete for business, offering a variety of term agreements and supply rates for consumers to choose from.
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In this free market competing electricity retailers buy electricity wholesale from private power generators to sell at retail to around 85% of Texas residents. The partnership between generators and retailers is governed by the Electric Reliability Council of Texas, or ERCOT, which attempts to balance the power grid’s electricity supply and demand by purchasing small amounts of electricity at 15-minute intervals throughout the day.