NOTICE DATE: August 10, 2021

NOTICE TYPE: M-B081021-01 Legal 

SHORT DESCRIPTION: Notice of Intended Disclosure of Protected Information

INTENDED AUDIENCE: Qualified Scheduling Entities and Resource Entities

DAYS AFFECTED: August 12, 2021

LONG DESCRIPTION: In connection with In re: Brazos Electric Power Cooperative, Inc., Case No. 21-30725, in the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the “Brazos Bankruptcy Matter”), ERCOT received discovery requests from the Official Committee of Unsecured Creditors (the “Committee”) and Brazos Electric Power Cooperative, Inc. (the “Debtor”).  Among other things, the discovery requests seek information regarding weather-related outages during Winter Storm Uri.  Attached are the discovery requests propounded by the Committee and Brazos.   

Information responsive to the discovery requests constitutes Protected Information under the ERCOT Protocols.  As required by Protocols Section 1.3.5, Notice Before Permitted Disclosure, ERCOT hereby provides notice that it intends to disclose, no earlier than the close of business on August 12, 2021, the following information that is classified as, or that contains, Protected Information under the ERCOT Protocols:

• Records from all ERCOT weatherization spot checks from 2011 to present;
• Weatherization plans and Emergency Operations Plans for all Generation Resources;
• All responses to ERCOT’s February 24, 2021 requests for information to Qualified Scheduling Entities regarding generator outages during the week of February 14-19, 2021; and
• All operator voice logs for Operating Days February 9 to 19, 2021.

This is the same information previously produced by ERCOT in response to the U.S. House Committee on Oversight and Reform, Subcommittee on Environment’s request for information, which was identified and described in Market Notice M-B052521-01.

In order to fulfill ERCOT’s duty under Section 1.3.5 to “seek[] to protect . . . Protected Information from disclosure,” ERCOT has executed the form Confidentiality Agreement and Stipulated Protective Order entered in the Brazos Bankruptcy Matter (the “Protective Order”), a copy of which is attached to this Market Notice.  Consistent with the terms of the Protective Order, ERCOT intends to designate Protected Information “Confidential.” 

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 ClientServices@ercot.com.

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