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NOTICE DATE: March 12, 2021

NOTICE TYPE: M-A030121-03 Legal

SHORT DESCRIPTION: Second filing of additional information requests as a supplement to ERCOT's request for determination as to the applicability of the Texas Public Information Act (TPIA)

INTENDED AUDIENCE: All Market Participants

DAYS AFFECTED: March 12, 2021

LONG DESCRIPTION: On March 1, 2021, ERCOT submitted a request for a determination from the Office of the Attorney General of Texas (OAG) as to whether the TPIA applies to ERCOT so that ERCOT has clear direction as to the applicable procedures that it should follow in processing requests for records.  On March 2, 2021, ERCOT submitted additional record requests as a supplement to the OAG filing.  Today, ERCOT filed a second supplement to the OAG filing containing additional record requests.

If the TPIA applies to ERCOT, then ERCOT would be required to seek an opinion from the OAG as to whether Protected Information or other confidential information must be disclosed in response to a request, as opposed to ERCOT or the PUCT making that determination. ERCOT's March 1, 2021 OAG letter included a conditional request for this determination regarding the records sought under the requests attached to the Market Notice issued on March 1, 2021.

Today, ERCOT is filing several additional record requests as a supplement to the previous OAG filing. Those additional requests are attached to this Notice.

ACTION REQUIRED: Please review the attached letter and enclosures that were filed with the OAG today.  The attachment includes a copy of the record requests at issue. If you believe that any request for records seeks any of your Protected Information, Critical Energy Infrastructure Information, or other confidential information that should not be disclosed, you may follow the processes provided under the TPIA for third parties.  Any objection to the release of confidential information must be submitted to the OAG not later than the tenth business day after receiving this Market Notice and attachments. 

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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