(a) Application. This section applies to the independent
organization certified under PURA §39.151 for the Electric Reliability
Council of Texas (ERCOT) region, a transmission and distribution utility
(TDU), and a retail electric provider (REP) providing demand response
using a responsive device program to residential customers.
(b) Definition. When used in this section, the term
"smart responsive appliance or device" has the following meaning unless
the context indicates otherwise. An appliance or device that may be
enabled to allow its electric usage or electric usage of connected
appliances or devices to be adjusted remotely.
(c) Responsive Device Program. A REP may offer a responsive
device program that offers an incentive to residential customers with
smart responsive appliances or devices to reduce electricity consumption.
(1) A REP may contract with a demand response provider
to provide a responsive device program.
(2) A responsive device program must:
(A) allow demand response participation by residential
customers where reasonably available, including during the summer
and winter seasons;
(B) be capable of responding to an emergency energy
alert issued by the independent organization certified under Public
Utility Regulatory Act (PURA) §39.151 for the ERCOT region;
(C) ensure that the program does not adversely impact
the needs of a critical care residential customer or chronic condition
residential customer as those terms are defined in §25.497 of
this title, relating to Critical Load Industrial Customers, Critical
Load Public Safety Customers, Critical Care Residential Customers,
and Chronic Condition Residential Customers; and
(D) not allow participation of a residential customer
that is enrolled in an emergency program such as the Emergency Response
Service under §25.507 of this title, relating to Electric Reliability
Council of Texas (ERCOT) Emergency Response Service (ERS), or a TDU
load management program under §§25.181-183 of this title.
(E) specify that participation in the responsive device
program expires:
(i) if participation in the responsive device program
is offered or included as part of a product or plan for retail electric
service, with the term of the contract; or
(ii) if the responsive device program is offered as
a separate product or plan or as an additional service, on the date
consistent with the REP's disclosures to the customer regarding the
term of the responsive device program, but must end when the REP that
enrolled the retail customer is no longer the REP of record for that
customer.
(d) Average total residential load reduction goal.
(1) No later than 45 days following the end of each
calendar quarter, a REP providing a responsive device program within
the ERCOT region must submit to ERCOT, on a form prescribed by ERCOT,
the following information for each calendar month in the quarter:
(A) the electric service identifier (ESI ID) for each
residential customer with smart appliances or devices enrolled in
each responsive device program offered by the REP; and
(B) the date of each demand response event, including
each demand response event start time and stop time and the ESI IDs
deployed for each event.
(2) No later than March 31 of each calendar year, for
each daily ERCOT peak demand period and each ERCOT energy emergency
alert period, ERCOT must publicly file with the commission the following
information for the twelve-month period ending on November 30 of the
previous calendar year. For purposes of this paragraph, the load associated
with any premise with behind-the-meter photovoltaic (PV) generation
will be calculated as the sum of the premise's import from the grid
plus any PV generation less any export to the grid.
(A) the date of the period, the time of the period,
and the hourly and 15-minute interval values of load and net load
during the period;
(B) the aggregated hourly and 15-minute interval actual
metered load of all the residential customers enrolled in a responsive
device program during the ERCOT peak demand period or energy emergency
alert period; and
(C) for each day for which ERCOT has received notice
of a REP responsive device program deployment and for each ERCOT energy
emergency alert period:
(i) the estimated hourly and 15-minute interval load
reduction by all residential customers enrolled in a responsive device
program during the ERCOT peak demand period or energy emergency alert
period;
(ii) the estimated hourly and 15-minute interval load
reduction by all customers identified in clause (i) of this subparagraph
that were deployed at any point during the ERCOT peak demand period
or energy emergency alert period;
(iii) the aggregated hourly and 15-minute interval
actual metered load of all customers enrolled in a responsive device
program that were deployed at any point during the ERCOT peak demand
period or energy emergency alert period; and
(iv) the total number of customers deployed at any
point during each interval.
(3) The average total residential load reduction goal
is 0.25 (i.e., a 20 percent reduction in load by participating residential
customers).
(A) The goal is calculated as a ratio by dividing the
load reduced by all responsive device programs during an ERCOT peak
demand period by the total amount of demand of all residential customers
participating in a responsive device program during that ERCOT peak
demand period.
(B) On or before June 30 of each even-numbered year,
commission staff will review the data received from ERCOT under paragraph
(2) of this subsection to assess the effectiveness of the responsive
device programs offered by REPs and whether the average total residential
load reduction goal under paragraph (3) of this subsection is being
achieved. Commission staff will file a recommendation in Project 56966
on whether the commission should adjust the goal.
(C) The commission will consider commission staff's
recommendation under subparagraph (B) of this paragraph and determine
whether to update the goal.
(4) For the purposes of this section, an ERCOT peak
demand period is an hour with the daily peak value of net load, where
net load is calculated as defined in ERCOT protocols.
(e) Confidentiality. ERCOT must treat the information
submitted by a REP under subsection (d) of this section as protected
information as defined by the ERCOT protocols. The requirements of
this section neither authorize nor require a REP to publicly disclose
proprietary customer information.
(f) Funding. A REP may receive funding for a responsive
device program through an energy efficiency incentive program established
under §25.181 of this title, relating to Energy Efficiency Goal,
if the responsive device program complies with the evaluation, measurement,
and verification requirements of §25.181 of this title, and if
the smart responsive appliances or devices meet the requirements of
subsection (c) of this section. A transmission and distribution utility
required to provide an energy efficiency incentive program under PURA §39.905
may use up to 10 percent of its demand response budget for responsive
device programs offered by a REP under subsection (c) of this section.
(g) Additional information. Commission staff may request
additional data from REPs and ERCOT regarding the responsive device
program under subsection (c) of this section to assist in evaluating
and revising the goal under subsection (d) of this section.
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