NOTICE DATE:  August 2, 2013

NOTICE TYPE:  M-A080113-02 Legal

SHORT DESCRIPTION:  Correction to Annual Certification Form requested in Market Notice M-A080113-01 pursuant to proposed requirements in NPRR552, Additional Counter-Party Criteria.

INTENDED AUDIENCE:  Counter-Parties

DAY AFFECTED:  September 30, 2013

LONG DESCRIPTION:  On August 1, 2013, ERCOT issued Market Notice M-A080113-01 requesting that, by September 30, 2013, each Counter-Party provide certification that it meets the “allowable contract participant” requirements of Nodal Protocol Revision Request (NPRR) 552.  The Annual Certification Form proposed in NPRR 552 for the purpose of making this certification was attached to that Market Notice.

ERCOT has since determined that the Annual Certification Form contains an incorrect citation to the section of the United States Code defining “Appropriate Person.”  The correct citation is 7 U.S.C. § 6(c)(3)(A)-(J) rather than 7 U.S.C. § 1(c)(3)(A)-(J), as stated on the form.  ERCOT has verified that all other provisions are cited correctly. 

ERCOT requests that Counter-Parties use the corrected form attached to this Market Notice instead of the form provided on Market Notice M-A080113-01.  If a Counter-Party has already submitted the certification, ERCOT requests that Counter-Party please re-submit the certification using the corrected form.  ERCOT apologizes for any inconvenience this error may have caused. 

In addition, because the current version of NPRR 552 includes this same erroneous citation, ERCOT will be submitting a comment to correct this error.

ACTION REQUIRED: Attachment A to this Notification is a corrected version of the proposed Protocol Section 22 Attachment J, Annual Certification Form incorporating all other modifications proposed in NPRR552.  As requested in Market Notice M-A080113-01, each Counter-Party must submit to ERCOT a notarized certificate, signed by an officer or executive with authority to bind the Counter-Party, in the form of Attachment A to this Notification.  The Annual Certification Form should be provided as soon as possible and in all cases no later than September 30, 2013. 

Failure to submit the Annual Certification Form by September 30, 2013 will result in ERCOT taking remedial action (e.g., material breach) on the following day as authorized under the Standard Form Market Participant (MP) Agreement, the ERCOT Protocols and/or the Public Utility Regulatory Act (PURA).

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

ERCOT

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 ERCOT Client Services via email at [log in to unmask].

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