NOTICE DATE: May 4, 2022

NOTICE TYPE: M-A050422-01 Legal

SHORT DESCRIPTION: Notice of Intended Disclosure of Protected Information

INTENDED AUDIENCE: Qualified Scheduling Entities and Resource Entities

DAY AFFECTED: May 5, 2022

LONG DESCRIPTION: Engie Energy Marketing NA, Inc. (Engie) and Viridity Energy Solutions, Inc. (Viridity) filed an appeal with the Public Utility Commission of Texas (PUCT) challenging ERCOT's decisions in certain Alternative Dispute Resolution (ADR) proceedings related to winter storm Uri.  The appeal is pending in PUCT docket control number 53377.  Engie and Viridity served Requests for Information (RFIs) on ERCOT.  A copy of the RFIs are attached. 

Documents responsive to the RFIs include some information that constitutes Protected Information under the ERCOT Protocols. Pursuant to PUCT rules, ERCOT is required to produce documents responsive to the RFIs no later than May 5, 2022. ERCOT intends to comply with the obligation. 

As required by Protocols Section 1.3.5, Notice Before Permitted Disclosure, ERCOT hereby provides notice that it intends to disclose, no earlier than 1:00 p.m. CST on May 5, 2022, responsive documents that contain Protected Information under the ERCOT Protocols. ERCOT does not have the time or resources required to segregate responsive information on an entity-by-entity basis in order to allow for additional review and redaction by Market Participants.

In order to fulfill ERCOT’s duty under Section 1.3.5 to “seek[] to protect . . . Protected Information from disclosure,” ERCOT has requested and the PUCT's Administrative Law Judge (ALJ) has entered a protective order in this case (the “Protective Order”), a copy of which is attached to this Market Notice. ERCOT intends to designate all responsive Protected Information identified during its document review as confidential or "Protected Materials," as provided in the Protective Order, to preserve the confidentiality of Protected Information. 

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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