| (iii) ERCOT, in consultation with commission staff,
will determine the final cure period after considering a request for
a different amount of time.
(C) ERCOT must report to commission staff any generation
entity that does not remedy the deficiencies identified under subparagraph
(A) of this paragraph within the cure period determined by ERCOT under
subparagraph (B)(iii) of this paragraph.
(D) A generation entity reported by ERCOT to commission
staff under subparagraph (C) of this paragraph will be subject to
enforcement investigation under §22.246 (relating to Administrative
Penalties) of this title.
(e) Weather-related failures by a generation entity
to provide service. A generation entity with a resource that experiences
repeated or major weather-related forced interruptions of service,
such as forced outages, derates, or maintenance-related outages must
contract with a qualified professional engineer to assess its weather
emergency preparation measures, plans, procedures, and operations.
The qualified professional engineer must not be an employee of the
generation entity or its affiliate and must not have participated
in previous assessments for the resource for at least five years,
unless the generation entity can document that no other qualified
professional engineers are reasonably available for engagement. The
generation entity must submit the qualified professional engineer's
assessment to the commission and ERCOT. ERCOT must adopt rules that
specify the circumstances for which this requirement applies and specify
the scope and contents of the assessment. A generation entity to which
this subsection applies may be subject to additional inspections by
ERCOT. ERCOT must refer to commission staff for investigation any
generation entity that violates this rule.
(f) Weather emergency preparedness reliability standards
for a TSP.
(1) By December 1, 2021, a TSP must complete the following
winter weather preparations for its transmission system and facilities.
(A) Use best efforts to implement weather emergency
preparation measures intended to ensure the sustained operation of
all cold weather critical components during winter weather conditions,
including weatherization, staffing plans, operational readiness, and
structural preparations; secure sufficient chemicals, auxiliary fuels,
and other materials; and personnel required to operate the transmission
system and facilities;
(B) Confirm the ability of all systems and subsystems
containing cold weather critical components required to ensure operation
of each of the TSP's substations within the design and operating limitations
addressed in subparagraph (G) of this paragraph;
(C) Use best efforts to address cold weather critical
component failures that occurred because of winter weather conditions
in the period between November 30, 2020 and March 1, 2021;
(D) Provide training on winter weather preparations
and operations to relevant operational personnel;
(E) Confirm that the sulfur hexafluoride gas in breakers
and metering and other electrical equipment is at the correct pressure
and temperature to operate safely during winter weather emergencies,
and perform annual maintenance that tests sulfur hexafluoride breaker
heaters and supporting circuitry to assure that they are functional;
(F) Confirm the operability of power transformers and
auto transformers in winter weather emergencies by:
(i) Checking heaters in the control cabinets;
(ii) Verifying that main tank oil levels are appropriate
for actual oil temperature;
(iii) Checking bushing oil levels; and
(iv) Checking the nitrogen pressure, if necessary.
(G) Determine minimum design temperature or minimum
experienced operating temperature, and other operating limitations
based on temperature, precipitation, humidity, wind speed, and wind
direction for facilities containing cold weather critical components.
(2) By December 1, 2021, a TSP must submit to the commission
and ERCOT, on a form prescribed by ERCOT and developed in consultation
with commission staff, a winter weather readiness report that:
(A) Describes all activities engaged in by the TSP
to complete the requirements of paragraph (1) of this subsection,
including any assertions of good cause for noncompliance submitted
under paragraph (4) of this subsection; and
(B) Includes a notarized attestation sworn to by the
TSP's highest-ranking representative, official, or officer with binding
authority over the TSP, attesting to the completion of all activities
described in paragraph (1) of this subsection, subject to any notice
of or request for good cause exception submitted under paragraph (4)
of this subsection, and to the accuracy and veracity of the information
described in subparagraph (A) of this paragraph.
(3) No later than December 10, 2021, ERCOT must file
with the commission a compliance report that addresses whether each
TSP has submitted the winter weather readiness report required by
paragraph (2) of this subsection for its transmission system and facilities
and whether the TSP submitted an assertion of good cause for noncompliance
under paragraph (4) of this subsection.
(4) Good cause exception. A TSP may submit to the commission
by December 1, 2021 a notice asserting good cause for noncompliance
with specific requirements listed in paragraph (1) of this subsection.
The notice must be submitted as part of the TSP's winter weather readiness
report under paragraph (2) of this subsection.
(A) A TSP's notice must include:
(i) A succinct explanation and supporting documentation
of the TSP's inability to comply with a specific requirement of paragraph
(1) of this subsection;
(ii) A succinct description and supporting documentation
of the efforts that have been made to comply with the requirement;
and
(iii) A plan, with supporting documentation, to comply
with each specific requirement of paragraph (1) of this subsection
for which good cause is being asserted, unless good cause exists not
to comply with the requirement on a permanent basis. A plan under
this subparagraph must include a proposed compliance deadline for
each requirement of paragraph (1) of this subsection for which good
cause for noncompliance is being asserted and proposed filing deadlines
for the TSP to provide the commission with updates on the TSP's compliance
status.
(B) Commission staff will work with ERCOT to expeditiously
review notices asserting good cause for noncompliance. Commission
staff may notify a TSP that it disagrees with the TSP's assertion
of good cause and will file the notification in the project in which
the winter weather readiness reports are filed. In addition, ERCOT
may evaluate the TSP's assertion of good cause as part of an inspection
of the transmission facility.
(C) To preserve a good cause exception, a TSP must
submit to the commission a request for approval of a good cause exception
within seven days of receipt of commission staff's notice of staff's
disagreement with the TSP's assertion.
(D) The commission may order a TSP to submit a request
for approval of good cause exception.
(E) A request for approval of good cause exception
must contain the following:
(i) A detailed explanation and supporting documentation
of the inability of the TSP to comply with the specific requirement
of paragraph (1) of this subsection;
(ii) A detailed description and supporting documentation
of the efforts that have been made to comply with paragraph (1) of
this subsection;
(iii) A plan, with supporting documentation, to comply
with each specific requirement of paragraph (1) of this subsection
for which the good cause exception is being requested, unless the
TSP is seeking a permanent exception to the requirement. A plan under
this subparagraph must include a proposed compliance deadline for
each requirement of paragraph (1) of this subsection for which the
good cause exception is being requested and proposed filing deadlines
for the TSP to provide the commission with updates on its compliance
status;
(iv) Proof that notice of the request has been provided
to ERCOT; and
(v) A notarized attestation sworn to by the TSP's highest-ranking
representative, official, or officer with binding authority over the
TSP attesting to the accuracy and veracity of the information in the
request.
(F) ERCOT is a required party to the proceeding under
subparagraph (E) of this paragraph. ERCOT must make a recommendation
to the commission on the request by the deadline set forth by the
presiding officer in the proceeding.
(g) ERCOT inspections of transmission systems and facilities.
(1) ERCOT-conducted inspections. ERCOT must conduct
inspections of transmission facilities within the fence surrounding
a TSP's high-voltage switching station or substation for the 2021-2022
winter weather season and must prioritize its inspection schedule
based on risk level. ERCOT may prioritize inspections based on factors
such as whether a transmission facility is critical for electric grid
reliability; has experienced a forced outage or other failure related
to weather emergency conditions; or has other vulnerabilities related
to weather emergency conditions. ERCOT must determine, in consultation
with commission staff, the number, extent, and content of inspections
and may conduct inspections using both employees and contractors.
(A) ERCOT must provide each TSP at least 48 hours'
notice of an inspection unless otherwise agreed by the TSP and ERCOT.
Upon provision of the required notice, a TSP must grant access to
its facility to ERCOT and commission personnel, including an employee
of a contractor designated by ERCOT or the commission to conduct,
oversee, or observe the inspection.
(B) During the inspection, a TSP must provide ERCOT
and commission personnel access to any part of the facility upon request
and must make the TSP's staff available to answer questions. A TSP
may escort ERCOT and commission personnel at all times during an inspection.
During the inspection, ERCOT and commission personnel may take photographs
and video recordings of any part of the facility and may conduct interviews
of facility personnel designated by the TSP.
(2) ERCOT inspection report.
(A) ERCOT must provide a report on its inspection of
a transmission system or facility to the TSP. The inspection report
must address whether the TSP has complied with the requirements in
subsection (f)(1) of this section.
(B) If the TSP has not complied with a requirement
in subsection (f)(1) of this section, ERCOT must provide the TSP a
reasonable period to cure the identified deficiencies.
(i) The cure period determined by ERCOT must consider
what weather emergency preparation measures the TSP may be reasonably
expected to have taken before ERCOT's inspection, the reliability
risk of the TSP's noncompliance, and the complexity of the measures
needed to cure the deficiency.
(ii) The TSP may request ERCOT determine a different
amount of time to remedy the deficiencies. The request must be accompanied
by documentation that supports the request for a different amount
of time.
(iii) ERCOT, in consultation with commission staff,
will determine the final cure period after considering a request for
a different amount of time.
(C) ERCOT must report to commission staff any TSP that
does not remedy the deficiencies identified under subparagraph (A)
of this paragraph within the cure period determined by ERCOT under
subparagraph (B)(iii) of this paragraph.
(D) A TSP reported by ERCOT to commission staff under
subparagraph (C) of this paragraph will be subject to enforcement
investigation under §22.246 (relating to Administrative Penalties)
of this title.
(h) Weather-related failures by a TSP to provide service.
A TSP with a transmission system or facility that experiences repeated
or major weather-related forced interruptions of service must contract
with a qualified professional engineer to assess its weather emergency
preparation measures, plans, procedures, and operations. The qualified
professional engineer must not be an employee of the TSP or its affiliate
and must not have participated in previous assessments for this system
or facility for at least five years, unless the TSP can document that
no other qualified professional engineers are reasonably available
for engagement. The TSP must submit the qualified professional engineer's
assessment to the commission and ERCOT. ERCOT must adopt rules that
specify the circumstances for which this requirement applies and specify
the scope and contents of the assessment. A TSP to which this subsection
applies may be subject to additional inspections by ERCOT. ERCOT must
refer to commission staff for investigation any TSP that violates
this rule.
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