| (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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