(a) This subchapter applies to an investor-owned electric utility:
(1) that is operating solely outside of ERCOT in areas of this state that were included in the Southwest Power Pool on January 1, 2008;
(2) that was not affiliated with the Southeastern Electric Reliability Council on January 1, 2008; and
(3) to which Subchapter I does not apply.
(b) The legislature finds that an electric utility subject to this subchapter is unable at this time to offer fair competition and reliable service to all retail customer classes in the area served by the utility. As a result, the introduction of retail competition for such an electric utility is delayed until fair competition and reliable service are available to all retail customer classes as determined under this subchapter.