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NOTICE DATE:  April 3, 2017

NOTICE TYPE: M-A040317-01 Legal

SHORT DESCRIPTION:  Draft confidentiality agreement between ERCOT and Lubbock Power & Light (LP&L) as related to the sharing of generator-specific data

INTENDED AUDIENCE:  Resource Entities and Transmission and/or Distribution Service Providers (TDSPs)

DAY AFFECTED:  April 11, 2017

LONG DESCRIPTION:  With respect to LP&L’s study on the impact of the proposed transition of the LP&L system from the Southwest Power Pool, Inc. (SPP) region into the ERCOT region (see PUC Project No. 45633, Project To Identify Issues Pertaining To Lubbock Power & Light’s Proposal To Become Part Of The Electric Reliability Council of Texas), LP&L has requested generator-unit specific data that ERCOT is only authorized to provide to Transmission Service Providers (TSPs) or Distribution Service Providers (DSPs) under the ERCOT Protocols. Generator-unit specific data is considered Protected Information under the ERCOT Protocols. While LP&L is not an authorized TSP or DSP, or an entity authorized to access this data, ERCOT does not want to delay efforts by LP&L to access data necessary for their studies in a future contested case.

On March 30, 2017, the Commission discussed and consented to ERCOT and LP&L’s proposal to draft and execute a confidentiality agreement, modeled in substantial part on the terms and processes contained in the Commission’s standard protective order.  Consequently, ERCOT has worked closely with LP&L and Commission Staff to draft a confidentiality agreement between ERCOT and LP&L that would authorize certain LP&L representatives (specifically limited to outside counsel and consultants working under the direction of outside counsel) to utilize generator-unit specific data in LP&L’s studies.

Attached to this Market Notice is a copy of the draft confidentiality agreement, as discussed at the March 30, 2017 Open Meeting (see Item 15), and in ERCOT’s Letter to the Chairman and Commissioners (see PUC Project No. 45633_49). Note: The attached confidentiality agreement has been slightly modified since the Open Meeting discussion, but remains modeled on the terms and processes contained in the Commission’s standard protective order.

Resource Entities and TDSPs are encouraged to review the attached draft confidentiality agreement, and provide ERCOT Legal with any feedback no later than Tuesday, April 11, 2017. ERCOT will use best efforts in accommodating requests received by this date. Upon execution of the final version of the confidentiality agreement, ERCOT will file a copy of the agreement in PUC Project No. 45633.


ERCOT Legal:          Chad Seely, Vice President and General Counsel

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(512) 225-7035


Juliana Morehead, Assistant General Counsel

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(512) 225-7184


You may also contact your ERCOT Account Manager or 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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