Vote tallies here reflect individual votes, not the weight of the votes by market segment.
Affirmative votes are not recorded in these vote tallies. For additional details on the voting
record, please consult the Recommendation or Action Report, or the official vote tally if
available, as posted in the key documents.
Oct 3, 2012
2.1, 2.2, 184.108.40.206, 16.4,
This Nodal Protocol Revision Request (NPRR):
· Broadens the definition of "Transmission Service Provider (TSP)" to include not only those transmission-owning Entities subject to the jurisdiction of the Public Utility Commission of Texas (PUCT), but also Entities registered as Transmission Operators (TOs) with either ERCOT or the North American Electric Reliability Corporation (NERC);
· Prohibits TSPs that are not already subject to the jurisdiction of the PUCT from owning, operating, controlling, or submitting schedules, offers or bids on behalf of any Resource;
· Requires TSPs that are not already subject to the jurisdiction of the PUCT to comply with certain sections of P.U.C. Subst. R. 25.272, Code of Conduct for Electric Utilities and Their Affiliates; and· Requires a Transmission and/or Distribution Service Provider (TDSP) to sign a confidentiality agreement with ERCOT providing that the TDSP will not disclose certain confidential information received as a result of its status as TDSP.
This NPRR addresses the concern that certain ERCOT TOs or NERC Transmission Operators operating in ERCOT may not be subject to the confidentiality obligations and structural requirements applicable to TSPs and PUCT-registered transmission and distribution utilities. This concern has arisen out of two recent developments. First, certain TSPs have proposed designating other non-TSP Entities as TOs. Without TSP status, these TOs would not necessarily be obligated to protect the information they would be entitled to receive as TOs, since they would not be obligated to adhere to the Code of Conduct applicable to TDUs (see P.U.C. Subst. R. 25.272, Code of Conduct for Electric Utilities and Their Affiliates) or the confidentiality agreement ERCOT requires of TSPs (see paragraph (1)(g) of Section 1.3.6, Exceptions). Second, one Resource Entity that owns and operates a 345 kV line behind its Point of Interconnection (POI) has been required by the Texas Reliability Entity to register with NERC as a NERC Transmission Operator. This NERC Transmission Operator registration would arguably authorize this Entity to obtain Outage Scheduler data and other sensitive information normally disclosed only to TSPs, giving the Resource Entity an unfair advantage over its competitors. TOs and NERC Transmission Operator should not be engaged in functions relating to control and/or ownership of Generation Resources (or other Resources) and should be obligated to take all necessary measures to prevent disclosure of confidential information to the public and to employees or affiliates engaged in competitive enterprises in ERCOT. This NPRR achieves this purpose by expanding the definition of "Transmission Service Provider" to include TOs and NERC Transmission Operators and by requiring TSPs to sign an agreement not to disclose Protected Information received from ERCOT. The NPRR also obligates those TSPs that are not subject to PUCT jurisdiction as traditional transmission-owning utilities to follow certain specified provisions in the PUCT’s Electric Utility Code of Conduct. Protection of competitively sensitive information is necessary to ensure fair competition in the ERCOT Market.