Proposed
Nodal Implementation Team (“NIT”) Charter

I.	Definitions 

1.1	“NIT” or “Team” means the Nodal Implementation Team.	
1.2	“Protocols”, as referenced herein, are defined as the Nodal Protocols as approved by the Public Utility Commission of Texas in Proceeding to Consider Protocols to Implement a Nodal Market in the Electric Reliability Council of Texas Pursuant to P.U.C. SUBST. R. 25.501, Docket No. 31540 (April. 4, 2006).

1.3	The definitions of terms used in this charter are the same as those found in § 2: Definitions and Acronyms of the Nodal Protocols and can be found at http://nodal.ercot.com/protocols/2009/05/02/02-050109_Nodal.doc.  

II.	Purpose and Scope

2.1	Purpose of NIT

The purpose of NIT is to: 

A)	timely respond to all ERCOT Nodal Project Team’s requests for Market Participant input;  

B)	assist TAC in executing its duties and responsibilities previously assigned to the  Transition Plan Task Force (“TPTF”) as described in the ERCOT Nodal Transition Plan; and as documented in the recommendations of the TPTF FINAL REPORT TO THE TAC.     http://www.ercot.com/content/meetings/tac/keydocs/2009/0305/05._tptf_final_report_to_tac_022409.doc 

C)	assist in transitioning TAC subcommittees to the Nodal environment by providing primary communications to relevant TAC subcommittees regarding Nodal implementation thereby eliminating the need for ERCOT personnel to prepare duplicative reports and presentations to other TAC subcommittees;

D)	assure that Market Participant’s interface software and ERCOT systems operate within the intent of the Nodal Protocols in a production environment;

E)	evaluate Market Participant readiness metrics and scorecards;

F)	continuing to assure consistency between the Nodal Protocols and system design; and

G)	assist ERCOT in developing and reviewing its internal business processes and procedures to meet Protocol requirements and to operate successfully in the ERCOT Nodal Market design.

III.	Participation and Procedures

3.1	NIT Membership

3.1.1  NIT shall consist of the following nine (9) members elected from the market’s segments: 

1 representative from the Cooperative Segment,
1 representative from the Municipal Segment,
2 representatives from the Investor-Owned Utility Segment – one representing the generators, and one representing the TSPs,

1 representative from the Independent Generator Segment,
1 representative from the Independent Retail Electric Provider Segment,
1 representative from the Independent Power Marketer Segment, and
2 representatives from the Consumer Segments - one representing the Industrial and Large Commercial Consumers, and one representing the Small Commercial and Residential Consumers. 

3.1.2 	Each TAC market segment shall elect its member and one alternate to serve on the Team, except for the IOU Segment and the Consumer Segment which will elect two members and two alternates as described in 3.1.1. 

3.1.3	In the event a NIT member can no longer fulfill her or his responsibilities, the NIT member alternate will act as the NIT member until a replacement NIT member is elected by its Segment/Subsegment.

3.1.3	Each NIT member shall understand that at NIT meetings and NIT discussions it represents the segment, not just the member’s company.

3.1.4	Each NIT member is required to disseminate relevant information to its segment, particularly information regarding critical issues, in a timely fashion, including follow-up communications. 

3.1.5	Each NIT member should have experience with Texas Nodal Protocols as well as experience in:

A)	project management with emphasis on complex projects with significant information technology applications, and/or

B)	reliability operation and function of Nodal electric markets.

3.1.6	It would be helpful for each NIT member to have been  involved in the TNT process in order to explain and vote upon issues relating to the “intent” in the Nodal Protocols.

3.1.7	A Chair and Vice Chair shall be elected by the NIT members by a simple majority vote of the NIT at the first meeting of the NIT.  The Chair and Vice Chair shall serve in this capacity until such time as either individual resigns or is removed by a simple majority vote of the NIT.

3.1.7	NIT shall evaluate its membership on a quarterly basis to determine if it needs to recommend changes to the NIT membership to TAC.

3.2	ERCOT Nodal Project Team Participation

3.2.1	Two (2) or more Nodal Protocol experts from the ERCOT Nodal Project Team will work with NIT.

3.2.2	The ERCOIT Nodal Project Team will frame issues and assist NIT members in understanding the issues to be resolved and the potential risks and benefits to ERCOT systems, processes, hardware and software, and impacts to the Nodal schedule and budget.

3.2	Voting  
	
3.2.1	Only those members elected under § 3.1 above shall be allowed to cast votes on any motion before NIT.

3.2.2	In order to take action, a quorum must be present.  A quorum is defined as at least one (1) NIT member or alternate of at least four (4) Segments.

3.2.3	At all NIT meetings, each NIT member shall have one (1) vote.

3.2.4	NIT members may vote via the telephone in order to expedite NIT decisions.

3.2.5	A motion passes with a simple majority.

3.2.6	Besides the above subsections, NIT will follow Robert’s Rules of Order. 

3.2.7 The individual votes of all NIT members shall be weighted equally with regard to the passage of all measures and motions before the NIT.
 
3.3	Meetings 

3.3.1	The first meeting of NIT shall be month date, year.  NIT shall meet at least once a month.  NIT shall meet immediately but no later than 24 business hours after a request by the Texas Nodal Project Team.  NIT shall continue to meet until such time as the TAC dissolves NIT.  

3.3.2	All NIT meetings shall be accessible by telephone and ERCOT WebEx and all meetings are open to all ERCOT Market Participants.  All Market Participants are entitled to participate (e.g., voice opinions and comments) in person or via the telephone bridge.

3.3.3	The NIT shall report its activities at each TAC meeting.

3.4	Decisions of NIT

3.4.1	Decisions made by NIT may be communicated directly to the ERCOT Nodal Project Team without prior approval from TAC.

3.4.2	All identified deltas between the Nodal Protocols and delivered systems will be addressed through the protocol revision process.

3.5	Appellate Process

	3.5.1	All decisions made by NIT may be appealed to TAC.

3.5.2	The NIT Chair or Vice Chair shall immediately, and no later than 4 hours, ensure that all NIT decisions are communicated to all TAC members.  In addition, NIT decisions will be immediately posted on the ERCOT Nodal website. 

3.5.3	Any Market Participant may appeal a NIT decision.  The appeal must be made in writing electronically to TAC no later than forty-eight (48) hours from the notice of the decision (see 3.5.2).

3.5.4	Any interested Market participant may reply to the appeal of the NIT decision, but, must do so within twenty-four (24) hours of the notice of the appeal.  

3.5.5	TAC will vote on the appeal by e-mail using the current TAC e-mail voting procedures (allowing for the close of 2 business days).
 
3.5.6	TAC’s decision will remain in effect until or unless the ERCOT Board overrules it.

3.5.7	The TAC decision regarding the appeal may be appealed to the ERCOT Board in accordance with ERCOT procedures.