NOTICE DATE:  March 15, 2021                     

NOTICE TYPE:  M-A031521-01 Settlements/Legal

SHORT DESCRIPTION:  Extension to File Certain Settlement and Billing Disputes and Directions for Filing

INTENDED AUDIENCE:  Market Participants

DAYS AFFECTED:  Operating Days February 14 – 19, 2021

LONG DESCRIPTION:  On March 12, 2021, the Public Utility Commission of Texas (Commission) granted exception to the 10 Business Day deadline for eligible Market Participants to file disputes under Paragraphs (2) and (6) of ERCOT Protocol Sections 9.14.2, and ordered ERCOT to extend the dispute deadline to six months after ERCOT posts the Invoice, DAM Settlement Statement, or DAM Resettlement Statement related to Operating Days February 14 – 19, 2021. See attached order.

Protocol Section 9.14.2(2) - “An Invoice Recipient may dispute elements of an Invoice that are not the result of a Settlement Statement that are contained on the Invoice. The Invoice Recipient must file the Invoice dispute within ten Business Days of the date on which ERCOT posted the Invoice.”

Protocol Section 9.14.2(6) - “The Settlement Statement Recipient is deemed to have validated each DAM Settlement or Resettlement Statement unless it has raised a Settlement and billing dispute or reported an exception within ten Business Days of the date on which ERCOT issued the Settlement or Resettlement Statement.” 

The extension to file Settlement and billing disputes does not extend the deadline for Market Participants to dispute Real-Time Market (RTM) Settlement Statements, as the ERCOT Protocols provide that a RTM Settlement Statement Recipient may dispute RTM Settlement Statements up to twenty Business Days before the date on which ERCOT issues the True-Up Statement—i.e., approximately 160 Calendar Days. Moreover, the Commission’s order does not extend payment deadlines or relieve Market Participants of making timely payments. Paragraph (2) of ERCOT Protocol Section 9.6 provides, “Each Invoice Recipient shall pay any net debit and be entitled to receive any net credit shown on the Settlement Invoice on the payment due date, whether or not there is any Settlement and billing dispute regarding the amount of the debit or credit.” The order specifically states, "All other provisions of the ERCOT Nodal Protocols are unaffected by this Order."

Market Participants eligible to file a Settlement and billing dispute under the extended deadline must continue to comply with the process set forth in ERCOT Protocol Section 9.14, Settlement and Billing Dispute Process, prior to initiating an Alternative Dispute Resolution (ADR) proceeding under ERCOT Protocol Section 20, Alternative Dispute Resolution Procedure.

Directions: 

To submit a Settlement and billing dispute after the 10 Business Day window and pursuant to the Commission’s order, eligible Market Participants shall follow the traditional Settlement and billing dispute submission process via the Market Information System (MIS), and check the box marked “Exp. Confi.” If the normal dispute deadline has passed and this box is not checked, a Market Participant will not be able to submit a Settlement and billing dispute.   

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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