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NOTICE DATE: March 1, 2021

NOTICE TYPE: M-A030121-01 Legal

SHORT DESCRIPTION: Request for determination by the Texas Office of the Attorney General (OAG) as to applicability of the Texas Public Information Act (TPIA) to ERCOT

INTENDED AUDIENCE: All Market Participants

DAYS AFFECTED: March 1, 2021

LONG DESCRIPTION: ERCOT has received an unusually large number of requests for records relating to the Severe Weather Event of February 2021.  Some requests invoke the TPIA.  Public Utility Commission of Texas (PUCT) Substantive Rule 25.362(e) requires that ERCOT adopt a process for the public to request records. ERCOT maintains an information request process that is published on its website as required by the rule.  ERCOT is seeking a determination from the OAG whether or not 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. 

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. 

ACTION REQUIRED: Please review the attached letter and enclosures that were filed with the OAG.  The attachment includes a copy of the record requests at issue and an important form notice letter regarding the rights of third parties who may be affected by a request. 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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