| (iv) the name of each generation resource in the electric
generating facility and the name of the electric generating facility
on ERCOT's market participant list.
(I) a statement describing when each generation resource
in the electric generating facility met the planning model requirements
necessary to be included in an ERCOT capacity, demand, and reserves
report with an identification of the first appearance of the electric
generating facility, or any generation resource in the electric generating
facility, in an ERCOT capacity, demand, and reserves report;
(J) a statement of whether the applicant applied for
a loan under §25.510 of this title (relating to Texas Energy
Fund In-ERCOT Generation Loan Program) and the commission's determination
on the loan application, if known;
(K) if applicable, a statement asserting that extenuating
circumstances support the extension of any deadline described in subsection
(e)(2) of this section, including the facts surrounding those extenuating
circumstances;
(L) documentation that the applicant has registered
or will register with the commission as a power generation company,
unless the applicant is an MOU, electric cooperative, or river authority;
(M) documentation that the applicant has registered
or will register its generation resources according to ERCOT's registration
requirements; and
(N) a narrative explanation of the applicant's preparations
for compliance with §25.55 of this title (relating to Weather
Emergency Preparedness).
(2) The commission will evaluate the information provided
in an application to determine whether an applicant is eligible to
receive a completion bonus grant award. Determination of eligibility
to receive a completion bonus grant award does not entitle an applicant
to a grant payment.
(A) The commission will issue a notice of eligibility
for an applicant it determines is eligible to receive a completion
bonus grant award. The notice of eligibility will state the completion
bonus grant award amount based on the actual or projected capacity
of each generation resource in the electric generating facility and
its actual or projected interconnection date. The award amount is
calculated for each generation resource, and these amounts are added
together, if applicable, to reach a total award amount for the electric
generating facility. For a project that has not reached its interconnection
date at the time the application is submitted, the applicant must
subsequently submit to the TEF administrator documentation demonstrating
that the interconnection date satisfies the applicable deadline in
subsection (e)(2) of this section and demonstrate adherence to the
criteria described in subsection (c) of this section. If the actual
nameplate capacity or interconnection date differs from estimates,
the commission may revise the eligible applicant's completion bonus
grant award amount to reflect actual information and amend the notice
of eligibility accordingly.
(B) For the ten successive test periods following a
qualifying electric generating facility's interconnection date, an
eligible applicant is authorized to receive an annual completion bonus
grant payment for each test period in which its generation resource
or resources meet the performance standard established in this section.
(C) An eligible applicant must enter into a grant agreement
in the form and manner specified by the commission whereby the eligible
applicant commits to adhere to the requirements described in subsection
(c) of this section for the duration of any test period for which
it may receive a completion bonus grant payment. Failure to enter
into a grant agreement or breach of the executed grant agreement will
be grounds for the commission to determine that an applicant is ineligible
to obtain any future completion bonus grant payment.
(3) Information submitted to the commission in a completion
bonus grant application is confidential and not subject to disclosure
under Chapter 552 of the Texas Government Code.
(4) An applicant must separately file a statement indicating
that an application for a completion bonus grant award has been presented
to the commission for review with the date of application submission.
(e) Completion bonus grant award amount.
(1) The amount of a completion bonus grant award is
based on program funding availability, and either;
(A) the combined capacity of each new generation resource
and interconnection date of the new electric generating facility;
or
(B) the combined capacity of each new generation resource
and interconnection date of the last new generation resource added
to an existing electric generating facility.
(2) Unless the commission determines that extenuating
circumstances justify extension of the deadlines under this subsection,
the commission may approve a completion bonus grant award for an applicant
considered eligible to receive a completion bonus grant award in an
amount not to exceed:
(A) $120,000 per MW of applicable capacity that is
interconnected to the ERCOT region before June 1, 2026; or
(B) $80,000 per MW of applicable capacity that is interconnected
to the ERCOT region on or after June 1, 2026, and before June 1, 2029.
(3) The applicable capacity for use in paragraph (1)(A)
and (1)(B) of this subsection is:
(A) the combined nameplate capacity of all new generation
resources, if the newly constructed electric generating facility provides
all capacity exclusively to the ERCOT power region;
(B) the increase in nameplate capacity attributable
to the addition of one or more new generation resources at an existing
electric generating facility; or
(C) the net nameplate capacity that exclusively serves
the ERCOT region, as determined by the maximum non-coincident peak
demand of the industrial load or PUN, if the electric generating facility
serves an industrial load or PUN.
(f) Grant payment process.
(1) For each test period, the TEF administrator will
disburse a grant payment to an applicant eligible to receive a completion
bonus grant award. A grant payment is one-tenth of an applicant's
total completion bonus grant award, subject to the performance standards
and discount methodology prescribed under subsections (g) and (h)
of this section.
(2) No later than 45 days following the end of each
test period, ERCOT must determine and provide to the TEF administrator
the assessed hours, the median and optimal performance levels of the
generation resources in the reference group, the PRF and ARF for each
generation resource in an electric generating facility under this
section, and the amount of payment each eligible applicant is entitled
to for that test period, based on the performance of each of its generation
resources. The TEF administrator will provide each eligible applicant
the assessed hours, the median and optimal performance levels, the
eligible applicant's PRF and ARF, and the eligible applicant's calculated
completion bonus grant payment amount.
(3) ERCOT's determination of a generation resource's
PRF and ARF and the calculation of the applicant's completion bonus
award payment following a test period are subject to review under
Section 20 of the ERCOT protocols (alternative dispute resolution
procedure) as modified by this subsection. To seek review of ERCOT's
determination of PRF, ARF, or payment amount, an eligible applicant
must submit a written request for an alternative dispute resolution
proceeding to ERCOT no later than 30 days after the date the TEF administrator
provides PRF and ARF determinations and payment calculations to the
eligible applicant for the test period. The eligible applicant must
simultaneously notify the TEF administrator in writing in the manner
prescribed by the commission that it has invoked review of ERCOT's
determination of PRF or ARF or payment calculations. An eligible applicant
may appeal the outcome of the ERCOT review in accordance with §22.251(d)
of this title (relating to Review of Electric Reliability Council
of Texas (ERCOT) Conduct). The only parties to an appeal of the ERCOT
review are the eligible applicant, ERCOT, and commission staff.
(4) Thirty-five days after the TEF administrator provides
the PRF, ARF, and completion bonus grant payment amount to each eligible
applicant, the TEF administrator will instruct the Texas Treasury
Safekeeping Trust Company to disburse the grant payment to the eligible
applicant and notify the eligible applicant of the disbursement, unless
the eligible applicant requests review of the determination of PRF
or ARF under paragraph (3) of this subsection. Upon resolution of
a requested review, the TEF administrator will instruct the Texas
Treasury Safekeeping Trust Company to disburse the grant payment,
if appropriate.
Cont'd... |
