NOTICE DATE:  February 4, 2011

NOTICE TYPE:  W-A020211-04 Operations

SHORT DESCRIPTION: UPDATE CLARIFICATION – TCEQ air permitting requirements return to normal conditions at 12:00 (noon) February 5, 2011

INTENDED AUDIENCE:  QSEs with Resources, Resource Entities

DAYS AFFECTED:  February 2 – 5, 2011

LONG DESCRIPTION:  The Texas Commission on Environmental Quality (TCEQ) agreed to exercise its enforcement discretion on air permitting requirements that might otherwise prevent Generation Resources from producing power during this Emergency Condition (extreme weather event). ERCOT has worked closely with TCEQ to determine when the Emergency Condition is over and normal air permitting requirements go back into effect.

As the previous Market Notice stated, TCEQ air permitting requirements will return to normal conditions at 12:00 (noon) on February 5, 2011. ERCOT Legal has clarified that during this Emergency Condition, TCEQ agreed that it would not take enforcement action if air permitting requirements were not met due to Generation Resources’ efforts to produce power to address the Emergency Condition. 

Although the previous Market Notices used the term “waiver of air permitting requirements”, TCEQ did not legally “waive” requirements during the Emergency Condition; rather, TCEQ agreed that it would not take enforcement action based on its enforcement discretion during this period.

CONTACT:  If a generator has any questions, please contact Bill Magness, ERCOT, at 512-426-9045 (cell) or Beth Seaton (512) 239-2526 with the TCEQ Office of Compliance and Enforcement.

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dh