Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter O - UNBUNDLING AND MARKET POWER › Division 2 - INDEPENDENT ORGANIZATIONS › Section 25.362 - Electric Reliability Council of Texas (ERCOT) Governance

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section provides standards
					 for the governance of an independent organization within the ERCOT
					 region.
(b) Application. This
					 section applies to ERCOT or any other organization within the ERCOT region that
					 qualifies as an independent organization under PURA §39.151.
(c) Adoption of rules by ERCOT and commission
					 review. ERCOT shall adopt and comply with procedures concerning the adoption
					 and revision of ERCOT rules.
(1) The
					 procedures shall provide for advance notice to interested persons, an
					 opportunity to file written comments or participate in public discussions, and,
					 in the case of market protocols, operating guides, planning guides, and market
					 guides, an evaluation by ERCOT of the costs and benefits to the organization
					 and the operation of electricity markets.
(2) ERCOT staff, the independent market
					 monitor, and the commission's reliability monitor may comment on any proposed
					 change in ERCOT rules that affects the operation and competitiveness of markets
					 operated by ERCOT or reliability of the electric network in ERCOT.
(3) If the findings of a commission-mandated
					 audit of ERCOT operations or governance indicate the need for a change in
					 operating practices or procedures or governance rules, ERCOT shall develop and
					 submit to the commission a plan for implementing the changes. ERCOT shall
					 implement the plan, as approved by the commission. Commission-mandated audits,
					 as contemplated in PURA §39.151(d) and (d-1), shall be funded by ERCOT and
					 do not require approval by the governing board of ERCOT.
(4) The commission may review a provision of
					 ERCOT's articles of incorporation or by-laws, or a new or amended ERCOT rule on
					 the application of an interested person, including commission staff and the
					 Office of Public Utility Counsel.
(5) The commission shall process requests for
					 review of a provision of ERCOT's articles of incorporation or by-laws, a new or
					 amended ERCOT rule, or ERCOT decision in accordance with § 22.251 of this
					 title (relating to Review of Electric Reliability Council of Texas (ERCOT)
					 Conduct). A request for review under this subsection initiated by the
					 commission, commission staff, or the Office of Public Utility Counsel is not
					 subject to the alternative dispute resolution requirements in § 22.251(c)
					 of this title, which requires the use of Section 20 of the ERCOT Protocols
					 (Alternative Dispute Resolution Procedures), Section 21 of the Protocols
					 (Process for Protocol Revision), or other applicable ERCOT procedures. In
					 addition, the commission may, for good cause, waive the requirement that a
					 complaint be filed within the time prescribed in § 22.251(d) of this
					 title.