Request for Records, Data, or Documents
Electric Reliability Council of Texas, Inc. (ERCOT) has implemented this Information Request Policy in accordance with Public Utility Commission of Texas (PUCT) Substantive Rule 25.362(e) – which governs access to information held by ERCOT. As required by this rule, ERCOT will provide records, data, or documents that have been requested to the extent that ERCOT determines that the requested information does not fall within the Exceptions listed below or is not unduly burdensome to provide. Prior to requesting any information, requestors should review ERCOT's website for the desired information; most relevant information is already available on ERCOT's website. ERCOT regularly publishes a substantial amount of information on its website as required by the ERCOT Protocols.
To request records, data, or documents that are not required to be publicly posted by the ERCOT Protocols, a requestor must utilize the information request portal below. ERCOT will send notice of receipt of the request and will endeavor to respond to requests within ten (10) business days of receipt of the request. If a response requires more than ten business days, ERCOT will notify the requestor of the expected delay and the anticipated date that the documents may be available. ERCOT may seek clarification or ask other questions regarding an information request and the time for ERCOT’s response will be extended pending resolution of such inquiries. If a requestor does not respond to a request for clarification or follow up question after 60 days, then the request will be deemed withdrawn.
As the Texas Office of the Attorney General (OAG) determined in his letter ruling of May 19, 2021, ERCOT is not subject to the Texas Public Information Act (TPIA). The OAG’s letter ruling concluded "that the appropriate disclosures procedures for resolving the information requests at issue received by ERCOT are those provided for in section 25.362 of title 16 of the Texas Administrative Code, rather than the Act." As such, a requestor does not make a request under the TPIA, but rather under the PUCT Substantive Rule.
Format and delivery of information:
Information will be provided in electronic format via email unless requestor is reasonably unable to receive information in such format.
Upon request, documents of five (5) pages or less may be sent via facsimile to local or toll-free numbers.
Paper copies will only be provided if electronic format is unavailable or if the requestor has reasonable justification for being unable to receive the requested information electronically. For paper copies over 50 pages in length, a charge of 15 cents per page for photocopying shall apply. ERCOT will confer with the requestor regarding appropriate method of delivery. Requestor will pay for any shipping costs.
For requests that require gathering a significant amount of material or substantial effort, ERCOT may provide an estimated charge for any actual costs involved with responding to the request and receive payment prior to actual processing of the request.
In the event that ERCOT determines that responding to an information request will require significant labor by our staff, ERCOT reserves the right to notify the requestor of the estimated cost and to obtain, in advance and at ERCOT's discretion, either actual payment of or a commitment to pay the labor cost that will be incurred in responding to the information request. When labor costs for ERCOT employee time are necessary, ERCOT charges a rate of $15.00 per hour. ERCOT may, if it deems appropriate, require other additional charges of the type that would be permitted for a state agency to charge under 1 Texas Administrative Code (TAC) § 70.3.request.
Due to their sensitive nature, the following categories of information are not available upon request:
- Information deemed Protected Information or ERCOT Critical Energy Infrastructure Information (ECEII) under Section 1.3 of the Protocols.
- Information that is confidential or privileged by law, either constitutional, statutory, or by judicial decision, including, but not limited to, any information that a court has ordered to be kept confidential.
- Attorney-client communications, attorney work product, information disclosed during an executive session of the ERCOT Board of Directors, or information subject to the deliberative process privilege, which may include communications with state or federal officials or agencies that fall within the scope of the privilege.
- Personnel records, the disclosure of which would violate law or constitute an unwarranted invasion of personal privacy, except that all information in an employee's personnel file is to be made available to that employee or the employee's designated representative.
- Information that, if disclosed, could negatively affect the safety and security of ERCOT employees, property, or visitors to ERCOT premises.
- Information required to be kept confidential by contract with a vendor.
- Detailed information about ERCOT's systems or security procedures, including information relating to ERCOT's computer network security or to the design, operation, or defense of ERCOT's computer network.
- Competitive or financially sensitive information that, if disclosed, could negatively impact ERCOT’s interests in pending or future transactions involving goods, services, or property.
- ERCOT intellectual property that, if disclosed, could negatively affect ERCOT’s intellectual property rights.
- Documents relating to a pending or reasonably anticipated litigation matter, investigation, enforcement proceeding, or contested case.
- Audit working papers, including all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including internal communications and draft audit reports or portions of draft audit reports.
- Documents, compilations, and analyses not created or performed by or in the possession of ERCOT in its regular course of business, unless ERCOT determines that a requested compilation or list could be created within a reasonable amount of time and effort.
If ERCOT denies an information request, ERCOT will identify the applicable Exception as the reason for denial. A requestor may submit a complaint with the Public Utility Commission of Texas regarding a decision by ERCOT to deny a request for records, data, or documents.