(5) Approval of RMR and MRA service agreements. All
recommendations by ERCOT staff to enter into an RMR or MRA service
agreement will be subject to approval by the ERCOT governing board.
If ERCOT identifies a reliability need for RMR or MRA service but
recommends against entering into an RMR or MRA service agreement,
ERCOT staff's recommendation will be subject to approval by the ERCOT
governing board. In its request for governing board approval, ERCOT
staff must present information that justifies its recommendation.
(6) Refund of payments for capital expenditures. A
resource entity that owns or controls a resource providing RMR or
MRA service must refund payments for capital expenditures made by
ERCOT in connection with the RMR or MRA service agreement if the resource
participates in the energy or ancillary service markets at any time
following the termination of the agreement. ERCOT may require less
than the entire original amount of capital expenditures to be refunded
to reflect the depreciation of capital over time.
(7) Implementation. ERCOT, through its stakeholder
process, must establish protocols and procedures to implement this
subsection.
(f) Noncompetitive constraints. ERCOT, through its
stakeholder process, must develop protocols to mitigate the price
effects of congestion on noncompetitive constraints.
(1) The protocols must specify a method by which noncompetitive
constraints may be distinguished from competitive constraints.
(2) Competitive constraints and noncompetitive constraints
must be designated annually prior to the corresponding auction of
annual congestion revenue rights. A constraint may be redesignated
on an interim basis.
(3) The protocols must be designed to ensure that a
noncompetitive constraint will not be treated as a competitive constraint.
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Source Note: The provisions of this §25.502 adopted to be effective January 9, 2005, 29 TexReg 12166; amended to be effective September 13, 2006, 31 TexReg 7317; amended to be effective August 12, 2010, 35 TexReg 6823; amended to be effective January 1, 2018, 42 TexReg 5671; amended to be effective December 5, 2019, 44 TexReg 7376 |