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NPRR1036

Summary

Title Late Payment Enforcement Provisions
Next Group
Next Step
Status Approved on 10/13/2020
Effective Dates
11/01/2020

Action

Date Gov Body Action Taken Next steps
10/13/2020 BOARD Approved
09/23/2020 TAC Recommended for Approval Revision Request Consideration
09/10/2020 PRS Recommended for Approval Revision Request Consideration
08/13/2020 PRS Recommended for Approval Impact Analysis Consideration

Voting Record

Date Gov Body Motion Result
10/13/2020 BOARD to approve NPRR1036 as recommended by TAC in the 9/23/20 TAC Report Passed
09/23/2020 TAC to recommend approval of NPRR1036 as recommended by PRS in the 9/10/20 PRS Report Passed
09/10/2020 PRS to endorse and forward to TAC the 8/13/20 PRS Report and Impact Analysis for NPRR1036 Passed
08/13/2020 PRS to recommend approval of NPRR1036 as submitted Passed

Background

Status: Approved
Date Posted: Jul 29, 2020
Sponsor: ERCOT
Urgent: No
Sections: 16.11.6, 16.11.6.2.1 (delete), 16.11.6.2.2, 16.11.6.2.3, 16.11.6.2.6, 16.11.6.2.7
Description: This Nodal Protocol Revision Request (NPRR) clarifies certain processes associated with “Late Payments” and “Payment Breaches” and aligns Protocol language in Section 16, Registration and Qualification of Market Participants, with language in the Standard Form Market Participant Agreement. First, this NPRR removes the option for ERCOT to terminate a Counter-Party’s Standard Form Market Participant Agreement under Level III Enforcement when a Market Participant has made three Late Payments. This is done to eliminate a potential conflict with the Standard Form Market Participant Agreement, which states that automatic termination may occur after more than three payment breaches in a 12-month period. Instead, Level III Enforcement actions are revised to ramp up from Level I and Level II actions. Also, the Level II requirement for additional “Financial Security” is increased from 110% to 115% to ramp up from Level I. Next, this NPRR clarifies the means by which ERCOT will determine the time of receipt of payments for purposes of assessing if a payment is a Late Payment by specifying that ERCOT will use the timestamp for when funds are credited to ERCOT’s bank account for purposes of determining if a payment is a Late Payment. Finally, clarification is provided that payments are due by the times specified in the Protocols, not at the close of the Bank Business Day. This clarification is made because requests for Financial Security may be due at a different time than Settlement Invoices.
Reason: Addresses current operational issues; Market efficiencies or enhancements

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