NOTICE DATE: March 28, 2022
NOTICE TYPE: M-A032822-01 Legal
SHORT DESCRIPTION: Notice of Intended Disclosure of Protected Information
INTENDED AUDIENCE: Load Serving Entities and Qualified Scheduling Entities
DAYS AFFECTED: March 28, 2022
LONG DESCRIPTION: In connection with the Debt Obligation Order (“DOO”) entered in Public Utility Commission of Texas (PUC) Docket No. 52322, Application of the Electric Reliability Council of Texas, Inc. for a Debt Obligation Order to Finance Uplift Balances under PURA Chapter 39, Subchapter N, for an Order Initiating a Parallel Docket, and for a Good Cause Exception, ERCOT is entering into discussions with bond rating agencies regarding the debt financing authorized by the DOO. As part of these discussions, certain information deemed Protected Information under the ERCOT Protocols will be disclosed.
More specifically, Adjusted Meter Load (AML) data identifiable to Load Serving Entities (LSE) and Qualified Scheduling Entities (QSEs) will be disclosed to the bond rating agencies. Pursuant to Protocol Section 1.3.1.1(1)(h), this data is deemed Protected Information for days that fall within 180 days of the applicable operating date at the time of disclosure.
As required by Protocol Section 1.3.5, Notice Before Permitted Disclosure, ERCOT hereby provides notice that it intends to disclose, no earlier than the close of business on March 28, 2022, the above-referenced information. In order to fulfill ERCOT’s duty under Protocol Section 1.3.5 to “seek[] to protect…Protected Information…from disclosure,” access to the Protected Information will be limited to entities that are nationally recognized statistical rating organizations under 17 CFR § 240.17g-5 (“Rule 17g-5”), and the Protected Information will be accessible to those entities only through a password-protected website. As required under paragraph (e) of Rule 17g-5, a nationally recognized statistical rating organization is only able to access information on the password-protected website if it has provided a written certification to the U.S. Securities and Exchange Commission that it will keep confidential any information accessed, including the Protected Information at issue here. Additionally, ERCOT will disclose this Protected Information directly to any bond rating agency retained by ERCOT; any such retained entity is bound by an agreement with ERCOT to not disclose confidential information shared by ERCOT.
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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