| (E) A description of ERCOT's roles and responsibilities
within the electric market in Texas, including system reliability,
operation of energy and capacity markets, managing transmission congestion,
transmission planning and interconnection of new generating plants,
and a description of how ERCOT's roles and responsibilities relate
to the roles and responsibilities of the transmission and distribution
utilities and retail electric providers and to the North American
Electric Reliability Corporation and Texas Reliability Entity;
(F) A risk management plan that identifies any significant
risks to system reliability, the operation of ERCOT's energy and capacity
markets, its management of transmission congestion, and any other
risks that would significantly disrupt the sale and delivery of electricity
within the ERCOT region, and the measures that might be taken to mitigate
such risks;
(G) An emergency communications plan that describes
how ERCOT will communicate with the public, media, governmental entities,
and market participants concerning events that affect the bulk electric
system;
(H) An assessment of the reliability and adequacy of
the ERCOT system during extremely cold or extremely hot weather conditions,
or drought, for which purpose ERCOT has the right, upon reasonable
notice, to conduct generator site visits to review compliance with
weatherization plans and has the right to obtain from generators any
information concerning water supplies for generation purposes, including
contracts, water rights, and other information; and
(I) Identification of existing and potential transmission
constraints, and the need for additional transmission, generation
or demand response resources within the ERCOT region. The report shall
include projections of changes in demand, the capability of generation,
energy storage, and demand response resources, projected reserve margins,
alternatives for meeting system needs, and recommendations for meeting
system needs.
(3) Quarterly reports. ERCOT shall file quarterly reports
no later than 45 days after the end of each quarter, which shall include:
(A) Any internal audit reports that were produced during
the reporting quarter;
(B) A report on performance measures, as prescribed
by the commission;
(C) By account item as established in the fee-filing
package prescribed by the commission under §22.252 of this title
(relating to Procedures for Approval of ERCOT Fees and Rates) a report
of:
(i) ERCOT fees and other rates, funds allocated, funds
encumbered, and funds expended;
(ii) An explanation for expenditures deviating from
the original funding allocation for the particular account item;
(iii) For the report covering the fourth quarter of
ERCOT's fiscal year, a detailed explanation of how unexpended funds
will be expended in the subsequent year; and
(D) Any other information the commission may deem necessary.
(4) Emergency reports. If ERCOT management becomes
aware of any event or situation that could reasonably be anticipated
to adversely affect the reliability of the regional electric network;
the operation or competitiveness of the ERCOT market; ERCOT's performance
of activities related to the customer registration function; or the
public's confidence in the ERCOT market or in ERCOT's performance
of its duties, ERCOT management shall immediately notify the chairman
of the commission, or the chairman's designee, and the executive director
of the commission, or the executive director's designee, by telephone.
Additionally, ERCOT shall file a written report of the facts involved
by the end of the following business day after becoming aware of such
event or situation, unless the executive director specifies, in writing,
that the report may be delayed. The executive director may not authorize
a delay of more than 30 days for filing the required written report.
For good cause, the commission may grant further delays in filing
the required report. If it determines that additional reports are
necessary, the commission may establish a schedule for the filing
of additional reports after the initial written report by ERCOT. As
a part of any additional written report, ERCOT may be required to
fully explain the facts and to disclose any actions it has taken,
or will take, in order to prevent a recurrence of the events that
led to the need for filing an emergency report.
(5) Meeting Periodicity Report. Beginning with the
effective date of this section, ERCOT shall recommend annually to
the commission the periodicity of governing board meetings. ERCOT's
recommendation shall be based on an examination of the frequency of
meetings conducted by similar organizations and shall include an estimate
of the costs associated with meeting more frequently than once per
quarter.
(j) Compliance with rules or orders. ERCOT shall inform
the commission with as much advance notice as is practical if ERCOT
realizes that it will not be able to comply with PURA, any provision
of this chapter, or a commission order. If ERCOT fails to comply with
PURA, any provision of this chapter, or a commission order, the commission
may, after notice and opportunity for hearing, adopt the measures
specified in this subsection or such other measures as it determines
are appropriate.
(1) The commission may require ERCOT to submit, for
commission approval, a proposal that details the actions ERCOT will
undertake to remedy the non-compliance.
(2) The commission may require ERCOT to begin submitting
reports, in a form and at a frequency determined by the commission,
that demonstrate ERCOT's current performance in the areas of non-compliance.
(3) The commission may require ERCOT to undergo an
audit performed by an appropriate independent third party.
(4) The commission may assess administrative penalties
under PURA Chapter 15, Subchapter B.
(5) The commission may suspend or revoke ERCOT's certification
under PURA §39.151(c) or deny a request for change in the terms
associated with such certification.
(6) Nothing in this section shall preclude any form
of civil relief that may be available under federal or state law.
(k) Priority of commission rules. This section supersedes
any protocols or procedures adopted by ERCOT that conflict with the
provisions of this section. The adoption of this section does not
affect the validity of any rule or procedure adopted or any action
taken by ERCOT prior to the adoption of this section.
|
| Source Note: The provisions of this §25.362 adopted to be effective March 30, 2003, 28 TexReg 2496; amended to be effective November 3, 2003, 28 TexReg 9526; amended to be effective December 28, 2004, 29 TexReg 11967; amended to be effective March 22, 2011, 36 TexReg 1817; amended to be effective March 6, 2013, 38 TexReg 1359; amended to be effective June 26, 2014, 39 TexReg 4743 |
