2/2/22 1:43 PM

M-B020222-01 TCEQ Enforcement Discretion Beginning at 6 p.m. Today

NOTICE DATE: February 2, 2022

NOTICE TYPE: M-B020222-01 Operations

SHORT DESCRIPTION: TCEQ Enforcement Discretion Beginning at 6 p.m. Today

INTENDED AUDIENCE: QSEs and Resource Entities with Generation Assets

DAYS AFFECTED: February 2, 2022 until further notice

LONG DESCRIPTION:  ERCOT anticipates a significant increase in system load beginning this evening and lasting until Sunday, February 6, 2022 due to below-freezing temperatures across the region. To ensure all possible generation is available to serve system demand, ERCOT has requested that the Texas Commission on Environmental Quality (TCEQ) exercise its enforcement discretion with respect to generator exceedances of TCEQ air permit limitations. TCEQ has communicated to ERCOT that it will use its enforcement discretion in evaluating generation facility exceedances of emission and operational permit limits in order to maximize generation availability during this period of extreme temperatures.  TCEQ’s enforcement discretion will apply beginning at 6 p.m. today, February 2, 2022.  Unless TCEQ provides notice otherwise, the period of enforcement discretion will continue until ERCOT issues a Market Notice declaring that the enforcement discretion has ended.

Any generation facility operator that expects to exceed its air permit limits to assist during this period shall provide a notice of this action to Kelly Cook (, Deputy Director of Critical Infrastructure Division for TCEQ. 

See “Procedure for Requesting TCEQ Enforcement Discretion Relating to a Power Emergency in Texas for ERCOT, MISO, or SPP Regions,” available at

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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