NOTICE DATE: May 26, 2021
NOTICE TYPE: M-A052621-01 Legal
SHORT DESCRIPTION: Notice of Return Regarding ERCOT's Confidential Filing of Certain Protected Information
INTENDED AUDIENCE: All Market Participants
DAY AFFECTED: May 26, 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 Texas Public Information Act (TPIA) applies to ERCOT so that ERCOT had clear direction as to the applicable procedures that it should follow in processing requests for records.
In an effort to protect the confidential nature of certain Protected Information or other sensitive information sought by various requestors, ERCOT filed sample documents for confidential review by the OAG as provided by statute. Per the Texas Government Code, sample documents filed with the OAG for the purpose of reviewing confidentiality are kept confidential by the OAG. These documents did not become public information as a result of the confidential filing. See Tex. Gov't Code Sec. 552.3035.
On May 20, 2021, ERCOT received a letter from OAG determining that ERCOT is not subject to the TPIA. A copy of the letter from the OAG was attached to a Market Notice sent to all Market Participants dated May 21, 2021. Along with the opinion letter, the OAG returned to ERCOT all of the confidential sample documents that had been submitted by ERCOT in support of its confidentiality arguments. ERCOT will hold onto these sample documents until the time for an appeal of the OAG's ruling has passed and then dispose of them in an appropriate manner.
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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