NOTICE DATE: February 15, 2022
NOTICE TYPE: M-A021522-01 Legal
SHORT DESCRIPTION: Supplemental Notice of Intended Disclosure of Protected Information
INTENDED AUDIENCE: Qualified Scheduling Entities and Resource Entities
DAYS AFFECTED: February 16, 2022 and Ongoing
LONG DESCRIPTION: In connection with In re: Just Energy Group Inc., et al., Case No. 21-30823, in the United States Bankruptcy Court for the Southern District of Texas, Houston Division, and accompanying Adversary Proceeding No. 21-04399, Just Energy Texas LP, et al. v. Electric Reliability Council of Texas, Inc. (the “Just Energy Bankruptcy Matter”), ERCOT received the attached discovery request (the “Discovery Request”) from Just Energy LP, Fulcrum Retail Energy LLC, Hudson Energy Services LLC, and Just Energy Group, Inc. (collectively, “Just Energy”). ERCOT objected to the Discovery Request, and its objections were sustained in part and denied in part by the court. As reflected in the attached Stipulation and Consent Order Regarding Custodians and Search Terms Relating to First Amended Requests (the “Order”), ERCOT must produce certain documents responsive to the Discovery Request.
As required by Section 1.3.5 of the ERCOT Protocols, Notice Before Permitted Disclosure, ERCOT hereby provides notice that it intends to disclose to Just Energy Protected Information previously identified and described in Market Notice M-B081021-02, which was produced in connection with the Brazos Bankruptcy Matter. The information ERCOT intends to produce to Just Energy is a subset of the information previously produced in connection with the Brazos Bankruptcy Matte. ERCOT intends to produce the information at the close of business on February 16, 2022.
In order to fulfill ERCOT’s duty under Section 1.3.5 to “seek[] to protect . . . Protected Information from disclosure” ERCOT will designate the information produced in response to the Request “Highly Confidential Material” under the terms of the attached Draft Protective Order, which as ordered by the court is currently the operative confidentiality agreement in the Just Energy Bankruptcy Matter.
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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