| facility to ERCOT and commission staff,
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,
commission staff, and designated contractors access to any part of
the facility upon request. ERCOT, commission staff, and designated
contractors must comply with all applicable safety and security regulations,
including those maintained by the TSP, during the inspection. A TSP
must provide access to inspection, maintenance, and other records
associated with weather preparation measures, and must make the TSP's
staff available to answer questions. A TSP may escort ERCOT, commission
staff, and designated contractors at all times during an inspection.
During the inspection, ERCOT, commission staff, and designated contractors
may take photographs and video recordings of any part of the facility
except control rooms and may conduct interviews of facility personnel
designated by the TSP. Documents, photographs, and video recordings
collected or generated by ERCOT, commission staff, or designated contractors
during or related to the inspection will be treated as confidential
information under applicable state or federal laws and regulations.
(2) ERCOT inspection report.
(A) ERCOT must provide a written report on its inspection
of a transmission system or facility to the TSP. The written inspection
report must address whether the TSP has complied with the requirements
in subsection(f)(1) or (2) of this section.
(B) If the TSP has not complied with a requirement
in subsection (f)(1) or (2) 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 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 TSP 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 TSP reported by ERCOT to commission staff under
subparagraph (C) of this paragraph will be subject to enforcement
investigation under §22.246 of this title. A violation of this
section is a Class A violation under §25.8(b)(3)(A) of this title
and may be subject to a penalty not to exceed $1,000,000 per violation
per day.
(h) Weather-related failures by a TSP to provide service.
ERCOT must notify a TSP and commission staff of the TSP's repeated
or major-weather related forced interruption of service. Upon notification
from ERCOT, the TSP 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. The qualified professional engineer
must not have participated in previous assessments for this facility
for at least five years, unless the TSP 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 TSP
must submit the qualified professional engineer's assessment to the
commission and ERCOT within 15 calendar days of receiving 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 subsection.
(i) ERCOT historical weather study. ERCOT must study
historical weather data across each weather zone classified in the
ERCOT protocols. ERCOT must file with the commission a report summarizing
the results of the study at least once every five years, beginning
no later than November 1, 2026.
(1) At a minimum, ERCOT must calculate the 90th, 95th,
and 99th percentiles of:
(A) the daily minimum temperature in each weather zone;
(B) the daily maximum temperature in each weather zone;
(C) the maximum sustained wind speed in each weather
zone;
(D) the minimum average 72-hour temperature in each
weather zone;
(E) the maximum average 72-hour temperature in each
weather zone; and
(F) the minimum average wind chill in each weather
zone.
(2) ERCOT may add additional parameters to the historical
weather study.
(3) ERCOT must take into consideration weather predictions
produced by the office of the state climatologist when preparing the
historical weather study.
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