(a)

(1) As used in this subchapter, "electric utility" means a public utility, as defined in § 23-1-101, that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public in this state.

(2) "Electric utility" does not include:

(A) An exempt wholesale generator as defined in § 23-1-101;

(B) Any person not otherwise an electric utility or a business unit of an electric utility that:

(i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity;

(ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale;

(iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or

(iv) Is a municipal corporation owning a municipal electric utility; or

(C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101.

(b) As used in this section, "person" means an individual or entity, including without limitation a partnership, corporation, cooperative association, trust, business trust, limited liability company, or governmental entity.