** Corrected Protocol reference ***


NOTICE DATE:  March 15, 2013


NOTICE TYPE:  M-A031513-02 Legal Notification


SHORT DESCRIPTION:  Counter-Party annual audited financial statements & Risk Certification due by April 30, 2013


INTENDED AUDIENCE:  Counter-Party Financial Personnel


DAY AFFECTED:  April 30, 2013

LONG DESCRIPTION:  ERCOT Protocols Section 16.11.5 requires all Counter-Parties to provide their own or their Guarantor’s (1) quarterly unaudited financial statements (semi-annually, if the Guarantor is foreign and rated by a rating agency acceptable to ERCOT) not later than sixty (60) days (ninety (90) days if the Guarantor is foreign and rated by a rating agency acceptable to ERCOT) after the close of each of the issuer’s fiscal quarters and (2) annual audited financial statements not later than 120 days after the close of the issuer’s fiscal year. 

ERCOT Protocols Section 16.16.2 (2) requires all Counter-Parties to submit to ERCOT annually a notarized certificate, signed by an officer or executive with authority to bind the Counter-Party, in the form of Section 22, Attachment J, Annual Certification Form to Meet ERCOT Additional Minimum Participation Requirements.

Counter-Parties/Guarantors whose fiscal year ended on December 31, 2012, must submit annual audited financial statements and Risk Certification by April 30, 2013.

ACTION REQUIRED: Counter-Parties or their Guarantors whose annual audited financial statements for fiscal year 2012 are due (or past due) should provide these statements to ERCOT as soon as possible to avoid any remedial action as authorized under the Standard Form Market Participant (MP) Agreement, the ERCOT Protocols and/or the Public Utility Regulatory Act (PURA).

Counter-Party’s or Guarantor’s financial statements that are publicly available electronically need not be provided to ERCOT

Please forward financial statements to [log in to unmask] or


7620 Metro Center Dr.

Attn:  Vanessa Spells

Austin, TX 78744

PHN: 512-225-7014

Please forward the Annual Certification Form to: [log in to unmask] with the original document sent to:


7620 Metro Center Dr.

Attn:  Kevin Pearcy

Austin, TX 78744

PHN: 512-225-7029


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 the ERCOT Credit Team via email at [log in to unmask].


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