NOTICE DATE:  June 3, 2009

NOTICE TYPE:  M-B060309-01 Legal Notification

SHORT DESCRIPTION:  ERCOT’s Disclosure of 2008 Aggregated Adjusted Metered Load (AML) Data

INTENDED AUDIENCE:  Retail Electric Providers

DAY AFFECTED:  May 20, 2009

LONG DESCRIPTION:  On May 20, 2009, in response to an inquiry from a Market Participant regarding the total retail energy sales in the ERCOT market, ERCOT inadvertently disclosed the 2008 aggregated Adjusted Metered Load (AML) data for each Retail Electric Provider to that Market Participant.  Section 1.3.1.1(9) of the ERCOT Protocols classifies such information as “Protected Information” for 365 days after the applicable Operating Day unless posted on the MIS pursuant to Section 12.  As such, the data was still deemed Protected Information when disclosed to the Market Participant.   On that same day, ERCOT notified the Market Participant of the inadvertent disclosure and the data file has been deleted by the Market Participant.

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 e-mail at [log in to unmask].

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kd