BP Chemicals, Inc. v. AEP Texas Central Co.

OPINION

Opinion by

Justice CASTILLO.

Appellant, BP Chemicals, Inc. (“BP”), appeals from the trial court order denying its motion for summary judgment and granting the motion for summary judgment of appellee, AEP Texas Central Company (“AEP”), formerly known as Central Power and Light Company (“CP & L”). We affirm.

I. Background

BP operates a co-generation facility known as the Green Lake Plant in Calhoun County, Texas. “Co-generation involves the simultaneous production of electrical power and thermal energy, such as heat or steam, usually at an industrial site.” Pub. Util. Comm’n v. Gulf States…