| (A) ERCOT must provide a written report on its inspection
of a resource to the generation entity. The written inspection report
must address whether the generation entity has complied with the requirements
in subsection (c)(1) or (2) of this section.
(B) If the generation entity has not complied with
a requirement in subsection (c)(1) or (2) of this section, ERCOT must
provide the generation entity a reasonable period to cure the identified
deficiencies.
(i) The cure period determined by ERCOT must consider
what weather emergency preparation measures the generation entity
may be reasonably expected to have taken before ERCOT's inspection,
the reliability risk of the resource's noncompliance, and the complexity
of the measures needed to cure the deficiency.
(ii) The generation entity may request ERCOT provide
a longer period to cure the identified deficiencies. The request must
be accompanied by documentation that supports the request.
(iii) ERCOT, in consultation with commission staff,
will determine the revised cure period after considering a request
for a longer period to cure the identified deficiencies.
(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) 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 of this title (relating
to Administrative Penalties). A violation of this section is a Class
A violation under §25.8(b)(3)(A) of this title (relating to Classification
System for Violations of Statutes, Rules, and Orders Applicable to
Electric Service Providers) and may be subject to a penalty not to
exceed $1,000,000 per violation per day.
(e) Weather-related failures by a generation entity
to provide service. ERCOT must notify a generation entity and commission
staff of the generation entity's repeated or major weather-related
forced interruption of service. Upon notification from ERCOT, the
generation entity 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. The qualified
professional engineer must not have participated in previous assessments
for the resource for at least five years, unless the generation entity
provides documentation that no other qualified professional engineers
are reasonably available for engagement. The qualified professional
engineer must conduct a root cause analysis of the failure and develop
a corrective action plan to address any weather-related causes of
the failure. The generation entity must submit the qualified professional
engineer's assessment to the commission and ERCOT within 15 calendar
days of receiving 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 does not comply with a provision of this subsection.
(f) Weather emergency preparedness reliability standards
for a TSP.
(1) Winter season preparations. By December 1 each
year, a TSP must complete the following winter weather preparation
measures for its transmission facilities. A TSP must maintain these
measures throughout the winter season and complete any ongoing requirements
at the appropriate time. If necessary to come into compliance, a TSP
must update its winter weather preparation measures no later than
one year after ERCOT files a historical weather study report under
subsection (i) of this section.
(A) Implement weather emergency preparation measures
that could reasonably be expected to ensure the sustained operation
of all cold weather critical components during winter weather conditions.
Where appropriate, such measures may be implemented using either personnel
or automated systems. Such measures include, as appropriate for the
facility:
(i) Confirmation of the operability of all systems
and subsystems containing all cold weather critical components;
(ii) Confirmation 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;
and
(iii) Confirmation of the operability of power transformers
and auto transformers in winter weather emergencies by:
(I) Inspecting heaters in the control cabinets;
(II) Verification that main tank oil levels are appropriate
for actual oil temperature;
(III) Inspecting bushing oil levels;
(IV) Inspecting the nitrogen pressure, if necessary;
and
(V) Verification of proper oil quality such that moisture
and dissolved gases are within acceptable ranges for winter weather
conditions.
(B) Beginning in 2023, implement weather emergency
preparation measures by December 1 each year, in addition to the weather
emergency preparation measures required by subparagraph (A) of this
paragraph, that could reasonably be expected to ensure the sustained
operation of the TSP's transmission facilities at the 95th percentile
minimum average 72-hour wind chill temperature reported in ERCOT's
historical weather study, required under subsection (i) of this section,
for the weather zone in which the facility is located.
(C) Review the adequacy of staffing plans to be used
during a winter weather emergency and revise the staffing plans, as
appropriate.
(D) Train relevant operational personnel on winter
weather preparations and operations.
(E) Beginning in 2023, create a list of all cold weather
critical components, review the list at least annually prior to the
beginning of the winter season, and update the list as necessary.
(2) Summer season preparations. By June 1 each year,
a TSP must complete the following summer weather preparation measures
for its transmission facilities. A TSP must maintain these measures
throughout the summer season and complete any ongoing, monthly, or
regular requirements at the appropriate time. If necessary to come
into compliance, a TSP must update its summer weather preparation
measures no later than one year after ERCOT files a historical weather
study report under subsection (i) of this section.
(A) Implement weather emergency preparation measures
that could reasonably be expected to ensure the sustained operation
of all hot weather critical components during summer weather conditions.
Where appropriate, such measures may be implemented using either personnel
or automated systems. Such measures include, as appropriate for the
facility:
(i) Inspecting transformer cooling systems prior to
and on a monthly basis during the summer season;
(ii) Cleaning transformer cooling systems prior to
and on a regular basis during the summer season;
(iii) Verifying proper functioning of cooling fans
and pump controls;
(iv) Arrange and provide for the availability of sufficient
chemicals, coolants, and other materials necessary for sustained operations
during a summer weather emergency; and
(v) Confirmation that sufficient chemicals, coolants,
and other materials necessary for sustained operations during a summer
weather emergency are protected from heat and drought.
(B) Beginning in 2023, implement weather emergency
preparation measures by June 1 each year, in addition to the weather
emergency preparation measures required by subparagraph (A) of this
paragraph on, that could reasonably be expected to ensure the sustained
operation of the TSP's transmission facilities during the greater
of the maximum ambient temperature at which the facility has experienced
sustained operations or the 95th percentile maximum average 72-hour
temperature reported in ERCOT's historical weather study, required
under subsection (i) of this section, for the weather zone in which
the facility is located.
(C) Review the adequacy of staffing plans to be used
during a summer weather emergency and revise the staffing plans, as
appropriate.
(D) Train relevant operational personnel on summer
weather preparations and operations.
(E) Beginning in 2023, create a list of all hot weather
critical components, review the list at least annually prior to the
beginning of the summer season, and update the list as necessary.
(3) Declaration of preparedness. A TSP must submit
to ERCOT, on a form prescribed by ERCOT, the following declarations
of weather preparedness:
(A) No earlier than November 1 and no later than December
1 of each year, a TSP must submit a declaration of winter weather
preparedness for the upcoming winter season that:
Cont'd... |
