| 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.
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| 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 |
