NOTICE DATE: December 14, 2023

NOTICE TYPE: W-A121423-01 Settlements

SHORT DESCRIPTION: Notice of disbursement of disgorged funds relating to Austin Energy enforcement proceeding.

INTENDED AUDIENCE: Qualified Scheduling Entities (QSEs) that represent a Load Serving Entity (LSE)

DAYS AFFECTED: December 14, 2023

LONG DESCRIPTION: In Docket No. 54957, Settlement Agreement Relating to City of Austin dba Austin Energy’s Violation of PURA § 39.151(j); 16 TAC §§ 25.503(e)(3), (f)(2), and (f)(6); and ERCOT Nodal Protocols § 6.4.6(1), Related to Scheduling and Operation of Generation Resources, the Commission ordered the disgorgement of $23,462.53 in excess revenues from Austin Energy (the “disgorged funds”) in connection with certain actions that occurred on February 15, 17, and 18, 2021, which were found to violate certain provisions of PURA, 16 Texas Administrative Code (TAC) § 25.503, and ERCOT Protocols. ERCOT is required to distribute the disgorged funds to affected wholesale Market Participants – in this case, QSEs that represent an LSE with Load in the affected intervals for the Operating Days specified.

In Docket No. 54985, Proceeding to Determine Appropriate Method to Distribute Disgorged Funds from Docket No. 54957, the Commission considered the appropriate methodology for ERCOT to utilize in distributing the disgorged funds. The Commission determined that it is appropriate for ERCOT to utilize a methodology that differs from the default method specified in 16 TAC § 22.246(k). The Commission entered a final order describing the appropriate disbursement methodology which is available at the following link: https://interchange.puc.texas.gov/Documents/54985_10_1337308.PDF.

ERCOT is distributing the disgorged funds today in accordance with the Commission’s order through the issuance of Miscellaneous Invoices to all affected QSEs.

ACTION REQUIRED: Any wholesale Market Participant that is affiliated with Austin Energy that receives disgorged funds described in this notice must distribute all of the funds directly to its retail customers and must, within 30 days of receipt of the funds, file in Docket No. 55639, Compliance Filing for Docket No. 54985 (Proceeding to Determine Appropriate Method to Distribute Disgorged Funds from Docket No. 54957), certification under oath to the Commission that all of the funds distributed were distributed to its retail customers.

ADDITIONAL INFORMATION: The Miscellaneous Invoices (EMIL ID COMS-746-SG, Report ID 11100) are available on the Market Information System (MIS) Certified Area.

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 [log in to unmask].

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