Credit; Legal Notifications

Wed, Mar 31, 2021 11:52 AM

M-C033121-01 Counter-Party Annual Audited Financial Statements and Risk Certifications due April 30, 2021

NOTICE DATE: March 31, 2021

NOTICE TYPE: M-C033121-01 Financial/Credit

SHORT DESCRIPTION: Counter-Party Annual Audited Financial Statements and Risk Certifications due April 30, 2021

INTENDED AUDIENCE:  Counter-Party Financial and Risk Personnel

DAY AFFECTED:  April 30, 2021

LONG DESCRIPTION:  ERCOT Protocol Section 16.11.5(1) requires all Counter-Parties to provide ERCOT with their own or their Guarantor’s annual audited financial statements not later than 120 days after the close of the issuer’s fiscal year.

In addition, ERCOT Protocol Section 16.16.2(2) requires all Counter-Parties to annually submit to ERCOT a notarized Risk Certification signed by an officer or executive with authority to bind the Counter-Party in the form of Section 22, Attachment J, Annual Certification Form to Meet ERCOT Additional Minimum Participation Requirements (Risk Certification). 

ACTION REQUIRED: Counter-Parties/Guarantors whose fiscal year ended on December 31, 2020 must submit annual audited financial statements and the Risk Certification to ERCOT by April 30, 2021.

Counter-Party or Guarantor financial statements that are publicly available electronically need not be provided to ERCOT

Please submit financial statements to

ADDITIONAL INFORMATION: ERCOT understands that requiring Market Participants to have certain documents notarized in-person may be difficult during this time. However, under Texas law, notary services may be provided by a registered online notary through a recorded video interaction with the document signatory. Moreover, a document signatory need not be physically present in Texas to obtain an electric notarization from a Texas notary registered to perform electronic notarizations. Market Participants may find a qualified notarization service online or have their corporate notaries register with the Texas Secretary of State to provide online notarization services. For additional information, please refer to the Secretary of State’s website, About Notary Public and Apostille Services.

CONTACT: If you have any questions, please contact your ERCOT Account Manager. You may also call the general ERCOT Client Services phone number at (512) 248-3900 or contact ERCOT Client Services via email at

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