16 Tex. Admin. Code § 25.55 - Weather Emergency Preparedness
(a)
Application. This section applies to the Electric Reliability Council of Texas,
Inc. (ERCOT) and to generation entities and transmission service providers
(TSPs) in the ERCOT power region.
(1) A
generation resource with an ERCOT-approved notice of suspension of operations
for the summer season or winter season is not required to comply with this
section until the return to service date identified in its notice of change of
generation resource designation required under the ERCOT protocols.
(2) A new or repowered resource scheduled to
begin commercial operations during the summer season or winter season or a
transmission facility scheduled for initial energization during the summer
season or winter season must meet the requirements of this section prior to
either the commissioning date established in the ERCOT interconnection process
for generation resources or initial energization for transmission facilities,
as applicable.
(b)
Definitions. In this section, the following definitions apply unless the
context indicates otherwise.
(1) Energy
storage resource--An energy storage system registered with ERCOT as an energy
storage resource for the purpose of providing energy or ancillary services to
the ERCOT grid and associated facilities controlled by the generation entity
that are behind the system's point of interconnection, necessary for the
operation of the system, and not part of a manufacturing process that is
separate from the generation of electricity.
(2) Generation entity--An ERCOT-registered
resource entity acting on behalf of an ERCOT-registered generation resource or
energy storage resource.
(3)
Generation resource--A generator registered with ERCOT as a generation resource
and capable of providing energy or ancillary services to the ERCOT grid, as
well as associated facilities controlled by the generation entity that are
behind the generator's point of interconnection, necessary for the operation of
the generator, and not part of a manufacturing process that is separate from
the generation of electricity.
(4)
Inspection--Activities that ERCOT employees, commission staff, and designated
contractors engage in to determine whether a generation entity is in compliance
with all or parts of subsection (c) of this section or whether a TSP is in
compliance with all or parts of subsection (f) of this section. An inspection
may include site visits, assessments of procedures, interviews, and review of
information provided by a generation entity or TSP in response to a request by
ERCOT, including review of evaluations conducted by the generation entity or
TSP or its contractor.
(5) Major
weather-related forced interruption of service of a resource -
(A) The failure of a resource to start,
following one or more attempts, for 12 or more continuous hours as a result of
a weather emergency; or
(B) The
loss of 50% or more of the capacity reflected in a resource's seasonal net
maximum sustainable rating for 12 or more continuous hours as a result of a
weather emergency.
(6)
Major weather-related forced interruption of service of a transmission
facility--A non-momentary transmission service outage caused by damage to, or
the inoperability of, a transmission facility as a result of a weather
emergency.
(7) Repeated
weather-related forced interruption of service--Three or more of any
combination of the following occurrences as a result of separate weather
emergencies within any three-year period:
(A)
The failure of a resource to start;
(B) The loss of 50% or more of the capacity
reflected in a resource's seasonal net maximum sustainable rating for 30
minutes or more; or
(C) The loss or
derate of 50% or more of a transmission facility's rating.
(8) Resource--A generation resource or energy
storage resource.
(9) Summer
season--June 1 to September 30 each year.
(10) Transmission facility--A
transmission-voltage element inside the fence surrounding a TSP's high-voltage
switching station or substation owned or operated by the TSP.
(11) Weather critical component--Any
component of a resource or transmission facility that is susceptible to fail as
a result of a weather emergency, the occurrence of which failure is likely to
significantly hinder the ability of the resource or transmission facility to
function as intended or, for a resource, is likely to lead to a trip, derate of
more than five percent of the capacity represented in the resource's seasonal
net maximum sustainable rating or of the transmission facility's rating, or
failure to start.
(12) Weather
emergency--A situation resulting from a summer or winter weather event that
produces significant risk for a TSP that firm load must be shed or a situation
for which ERCOT issues an Emergency Notice to market participants involving an
operating condition in which the safety or reliability of the ERCOT system is
compromised or threatened by summer or winter weather.
(13) Weather emergency preparation
measures--Measures that a generation entity or TSP takes to support the
function of a resource or transmission facility during a weather
emergency.
(14) Winter
season--December 1 to February 28 of the following year.
(c) Weather emergency preparedness
reliability standards for a generation entity.
(1) Winter season preparations. By December 1
each year, a generation entity must complete the following winter weather
emergency preparation measures for each resource under its control. A
generation entity must maintain these measures throughout the winter season and
complete any ongoing or monthly requirements at the appropriate time. If
necessary to come into compliance, a generation entity must update its winter
weather emergency preparation measures no later than one year after ERCOT files
a historical weather study report under subsection (i) of this section.
(A) Implement weather emergency preparation
measures that could reasonably be expected to ensure the sustained operation of
all cold weather critical components during winter weather conditions. Where
appropriate, such measures may be implemented using either personnel or
automated systems. Such measures include, as appropriate for the resource:
(i) Installation and maintenance of adequate
wind breaks for resources susceptible to outages or derates caused by
wind;
(ii) Installation and
maintenance of insulation and enclosures for all cold weather critical
components;
(iii) Inspection of
existing thermal insulation and associated forms of water-proofing for damage
or degradation, and repair of damaged or degraded insulation and associated
forms of water-proofing;
(iv)
Arrange and provide for the availability and appropriate safekeeping of
sufficient chemicals, auxiliary fuels, and other materials necessary for
sustained operations during a winter weather emergency;
(v) Plan for and maintain the operability of
instrument air moisture prevention systems;
(vi) Maintenance of freeze protection
equipment for all cold weather critical components, including fuel delivery
systems controlled by the generation entity, and testing or verifying the
functionality of freeze protection equipment prior to and on a monthly basis
during the winter season; and
(vii)
Monitoring of all cold weather critical components, including circuitry that
provides freeze protection or prevents instrument air moisture;
(B) Beginning in 2023, implement
weather emergency preparation measures by December 1 each year, in addition to
the weather emergency preparation measures required by subparagraph (A) of this
paragraph, that could reasonably be expected to ensure sustained operation of
the resource at the 95th percentile minimum average 72-hour wind chill
temperature reported in ERCOT's historical weather study, required under
subsection (i) of this section, for the weather zone in which the resource is
located.
(C) Review the adequacy of
staffing plans to be used during a winter weather emergency and revise the
staffing plans, as appropriate.
(D)
Train relevant operational personnel on winter weather preparations and
operations.
(E) Beginning in 2023,
create a list of all cold weather critical components, review the list at least
annually prior to the beginning of the winter season, and update the list as
necessary.
(2) Summer
season preparations. By June 1 each year, a generation entity must complete the
following summer weather emergency preparation measures for each resource under
its control. A generation entity must maintain these measures throughout the
summer season and complete any ongoing or monthly requirements at the
appropriate time. If necessary to come into compliance, a generation entity
must update its summer weather emergency preparation measures no later than one
year after ERCOT files a historical weather study report under subsection (i)
of this section.
(A) Implement weather
emergency preparation measures that could reasonably be expected to ensure the
sustained operation of all hot weather critical components during summer
weather conditions. Where appropriate, such measures may be implemented using
either personnel or automated systems. Such measures include, as appropriate
for the resource:
(i) Identification of
regulatory and legal limitations of cooling capacity, water withdrawal, maximum
discharge temperatures, and rights for additional water supply;
(ii) Arrange and plan for the provision and
storage of adequate water supplies for cooling towers, reservoirs, heat
exchangers, and adequate cooling capacity of the water supplies used in the
cooling towers, reservoirs, and heat exchangers;
(iii) Arrange and plan for the provision and
storage of availability and appropriate safekeeping of adequate equipment to
remove heat and moisture from all hot weather critical components;
(iv) Arrange and provide for the availability
of sufficient chemicals, coolants, auxiliary fuels, and other materials
necessary for sustained operations during a summer weather emergency;
(v) Maintenance of all hot weather critical
components, including air flow or cooling systems, and verifying the
functionality of all components prior to and on a monthly basis during the
summer season; and
(vi) Monitoring
of all hot weather critical components.
(B) Beginning in 2023, implement weather
emergency preparation measures by June 1 each year, in addition to the weather
emergency preparation measures required by subparagraph (A) of this paragraph,
that could reasonably be expected to ensure sustained operation of the resource
during the greater of the maximum ambient temperature at which the resource has
experienced sustained operations or the 95th percentile maximum average 72-hour
temperature reported in ERCOT's historical weather study, required under
subsection (i) of this section, for the weather zone in which the resource is
located.
(C) Review the adequacy of
staffing plans to be used during a summer weather emergency and revise the
staffing plans, as appropriate.
(D)
Train relevant operational personnel on summer weather preparations and
operations.
(E) Beginning in 2023,
create a list of all hot weather critical components, review the list at least
annually prior to the beginning of the winter season, and update the list as
necessary.
(3)
Declaration of preparedness. A generation entity must submit to ERCOT, on a
form prescribed by ERCOT, the following declarations of weather preparedness:
(A) No earlier than November 1 and no later
than December 1 of each year, a generation entity must submit a declaration of
winter weather preparedness for the upcoming winter season that:
(i) Identifies every resource under the
entity's control for which the declaration is being submitted;
(ii) Summarizes all activities engaged in by
the generation entity to complete the requirements of paragraph (1) of this
subsection;
(iii) Provides the
minimum ambient temperature at which each resource has experienced sustained
operations, as measured at the resource site or the weather station nearest to
the resource site;
(iv) Includes
any additional information required by the ERCOT protocols in effect as of
October 1 of the year in which the declaration is submitted; and
(v) Includes a notarized attestation sworn to
by the generation entity's highest-ranking representative, official, or officer
with binding authority over the generation entity attesting to the completion
of all applicable activities described in paragraph (1) of this subsection, and
to the accuracy and veracity of the information described in subparagraph (A)
of this paragraph.
(B)
No earlier than May 1 and no later than June 1 of each year, a generation
entity must submit a declaration of summer weather preparedness for the
upcoming summer season that at a minimum:
(i)
Identifies every resource under the generation entity's control for which the
declaration is being submitted;
(ii) Summarizes all activities engaged in by
the generation entity to complete the requirements of paragraph (2) of this
subsection;
(iii) Provides the
maximum ambient temperature at which each resource has experienced sustained
operations, as measured at the resource site or the weather station nearest to
the resource site;
(iv) Includes
any additional information required by the ERCOT protocols in effect as of
April 1 of the year in which the declaration is submitted; and
(v) Includes a notarized attestation sworn to
by the generation entity's highest-ranking representative, official, or officer
with binding authority over the generation entity attesting to the completion
of all applicable activities described in paragraph (2) of this subsection, and
to the accuracy and veracity of the information described in this
subparagraph.
(C) A
generation entity must submit the appropriate declaration of preparedness to
ERCOT prior to returning a mothballed, outaged, or decommissioned resource to
service during the winter or summer season. For any new or repowered resource,
a generation entity must submit the appropriate declaration of preparedness
prior to the resource commissioning date established in the ERCOT
interconnection process for resources.
(4) No later than December 20 of each year,
ERCOT must file with the commission a compliance report that addresses whether
each generation entity has submitted the declaration of winter weather
preparedness required by paragraph (3)(A) of this subsection for each resource
under the generation entity's control.
(5) No later than June 20 of each year, ERCOT
must file with the commission a compliance report that addresses whether each
generation entity has submitted the declaration of summer weather preparedness
required by paragraph (3)(B) of this subsection for each resource under the
generation entity's control.
(6)
ERCOT will treat declarations of preparedness and associated information
submitted by a generation entity as Protected Information as defined by the
ERCOT protocols.
(d)
ERCOT inspection of resources.
(1) ERCOT must
conduct inspections of resources and may prioritize inspections based on
factors such as whether a resource is critical for electric grid reliability;
the length of time since the resource was last inspected; has experienced a
forced outage, forced derate, or failure to start related to weather emergency
conditions; or has other vulnerabilities related to weather emergency
conditions. ERCOT must determine, in consultation with commission staff, the
number, extent, and content of inspections, provided that every resource
interconnected to the ERCOT power region must be inspected at least once every
three years. ERCOT must develop, in consultation with commission staff, a
winter weather inspection checklist and a summer weather inspection checklist
for use during resource inspections. Inspections may be conducted by ERCOT's
employees or contractors.
(A) ERCOT must
provide each generation entity at least 72 hours' written notice of an
inspection unless otherwise agreed by the generation entity and ERCOT. The
written notice must identify each ERCOT employee, commission staff member, or
designated contractor participating in the inspection. Within 24 hours of
receiving notice of inspection, a generation entity must provide ERCOT,
commission staff, and designated contractors all generation entity requirements
for facility access. Upon provision of the required written notice, a
generation entity must grant access to its facility to ERCOT and to commission
staff, including an employee of a contractor designated by ERCOT or the
commission to conduct, oversee, or observe the inspection.
(B) During the inspection, a generation
entity must provide ERCOT, commission staff, or designated contractors access
to any part of the facility upon request. ERCOT, commission staff, and
designated contractors must comply with all applicable safety and security
regulations, including those maintained by the generation entity, during the
inspection. A generation entity must provide access to inspection, maintenance,
and other records associated with weather emergency preparation measures and
must make the generation entity's staff available to answer questions. A
generation entity may escort ERCOT, commission staff, and designated
contractors at all times during an inspection. During the inspection, ERCOT,
commission staff, or designated contractors may take photographs or video
recordings of any part of the facility except control rooms and may conduct
interviews of facility personnel designated by the generation entity.
Documents, photographs, and video recordings collected or generated by ERCOT,
commission staff, or designated contractors during or related to the inspection
will be treated as confidential information under applicable state or federal
laws and regulations.
(2) ERCOT inspection report.
(A) ERCOT must provide a written report on
its inspection of a resource to the generation entity. The written inspection
report must address whether the generation entity has complied with the
requirements in subsection (c)(1) or (2) of this section.
(B) If the generation entity has not complied
with a requirement in subsection (c)(1) or (2) of this section, ERCOT must
provide the generation entity a reasonable period to cure the identified
deficiencies.
(i) The cure period determined
by ERCOT must consider what weather emergency preparation measures the
generation entity may be reasonably expected to have taken before ERCOT's
inspection, the reliability risk of the resource's noncompliance, and the
complexity of the measures needed to cure the deficiency.
(ii) The generation entity may request ERCOT
provide a longer period to cure the identified deficiencies. The request must
be accompanied by documentation that supports the request.
(iii) ERCOT, in consultation with commission
staff, will determine the revised cure period after considering a request for a
longer period to cure the identified deficiencies.
(C) ERCOT must report to commission staff any
generation entity that does not remedy the deficiencies identified under
subparagraph (A) of this paragraph within the cure period determined by ERCOT
under subparagraph (B) of this paragraph.
(D) A generation entity reported by ERCOT to
commission staff under subparagraph (C) of this paragraph will be subject to
enforcement investigation under §
22.246 of this title (relating to
Administrative Penalties). A violation of this section is a Class A violation
under §
25.8(b)(3)(A) of
this title (relating to Classification System for Violations of Statutes,
Rules, and Orders Applicable to Electric Service Providers) and may be subject
to a penalty not to exceed $1,000,000 per violation per day.
(e) Weather-related
failures by a generation entity to provide service. ERCOT must notify a
generation entity and commission staff of the generation entity's repeated or
major weather-related forced interruption of service. Upon notification from
ERCOT, the generation entity must contract with a qualified professional
engineer to assess its weather emergency preparation measures, plans,
procedures, and operations. The qualified professional engineer must not be an
employee of the generation entity or its affiliate. The qualified professional
engineer must not have participated in previous assessments for the resource
for at least five years, unless the generation entity provides documentation
that no other qualified professional engineers are reasonably available for
engagement. The qualified professional engineer must conduct a root cause
analysis of the failure and develop a corrective action plan to address any
weather-related causes of the failure. The generation entity must submit the
qualified professional engineer's assessment to the commission and ERCOT within
15 calendar days of receiving the assessment. A generation entity to which this
subsection applies may be subject to additional inspections by ERCOT. ERCOT
must refer to commission staff for investigation any generation entity that
does not comply with a provision of this subsection.
(f) Weather emergency preparedness
reliability standards for a TSP.
(1) Winter
season preparations. By December 1 each year, a TSP must complete the following
winter weather preparation measures for its transmission facilities. A TSP must
maintain these measures throughout the winter season and complete any ongoing
requirements at the appropriate time. If necessary to come into compliance, a
TSP must update its winter weather preparation measures no later than one year
after ERCOT files a historical weather study report under subsection (i) of
this section.
(A) Implement weather emergency
preparation measures that could reasonably be expected to ensure the sustained
operation of all cold weather critical components during winter weather
conditions. Where appropriate, such measures may be implemented using either
personnel or automated systems. Such measures include, as appropriate for the
facility:
(i) Confirmation of the operability
of all systems and subsystems containing all cold weather critical
components;
(ii) Confirmation that
the sulfur hexafluoride gas in breakers and metering and other electrical
equipment is at the correct pressure and temperature to operate safely during
winter weather emergencies, and perform annual maintenance that tests sulfur
hexafluoride breaker heaters and supporting circuitry to assure that they are
functional; and
(iii) Confirmation
of the operability of power transformers and auto transformers in winter
weather emergencies by:
(I) Inspecting heaters
in the control cabinets;
(II)
Verification that main tank oil levels are appropriate for actual oil
temperature;
(III) Inspecting
bushing oil levels;
(IV) Inspecting
the nitrogen pressure, if necessary; and
(V) Verification of proper oil quality such
that moisture and dissolved gases are within acceptable ranges for winter
weather conditions.
(B) Beginning in 2023, implement weather
emergency preparation measures by December 1 each year, in addition to the
weather emergency preparation measures required by subparagraph (A) of this
paragraph, that could reasonably be expected to ensure the sustained operation
of the TSP's transmission facilities at the 95th percentile minimum average
72-hour wind chill temperature reported in ERCOT's historical weather study,
required under subsection (i) of this section, for the weather zone in which
the facility is located.
(C) Review
the adequacy of staffing plans to be used during a winter weather emergency and
revise the staffing plans, as appropriate.
(D) Train relevant operational personnel on
winter weather preparations and operations.
(E) Beginning in 2023, create a list of all
cold weather critical components, review the list at least annually prior to
the beginning of the winter season, and update the list as necessary.
(2) Summer season preparations. By
June 1 each year, a TSP must complete the following summer weather preparation
measures for its transmission facilities. A TSP must maintain these measures
throughout the summer season and complete any ongoing, monthly, or regular
requirements at the appropriate time. If necessary to come into compliance, a
TSP must update its summer weather preparation measures no later than one year
after ERCOT files a historical weather study report under subsection (i) of
this section.
(A) Implement weather emergency
preparation measures that could reasonably be expected to ensure the sustained
operation of all hot weather critical components during summer weather
conditions. Where appropriate, such measures may be implemented using either
personnel or automated systems. Such measures include, as appropriate for the
facility:
(i) Inspecting transformer cooling
systems prior to and on a monthly basis during the summer season;
(ii) Cleaning transformer cooling systems
prior to and on a regular basis during the summer season;
(iii) Verifying proper functioning of cooling
fans and pump controls;
(iv)
Arrange and provide for the availability of sufficient chemicals, coolants, and
other materials necessary for sustained operations during a summer weather
emergency; and
(v) Confirmation
that sufficient chemicals, coolants, and other materials necessary for
sustained operations during a summer weather emergency are protected from heat
and drought.
(B)
Beginning in 2023, implement weather emergency preparation measures by June 1
each year, in addition to the weather emergency preparation measures required
by subparagraph (A) of this paragraph on, that could reasonably be expected to
ensure the sustained operation of the TSP's transmission facilities during the
greater of the maximum ambient temperature at which the facility has
experienced sustained operations or the 95th percentile maximum average 72-hour
temperature reported in ERCOT's historical weather study, required under
subsection (i) of this section, for the weather zone in which the facility is
located.
(C) Review the adequacy of
staffing plans to be used during a summer weather emergency and revise the
staffing plans, as appropriate.
(D)
Train relevant operational personnel on summer weather preparations and
operations.
(E) Beginning in 2023,
create a list of all hot weather critical components, review the list at least
annually prior to the beginning of the winter season, and update the list as
necessary.
(3)
Declaration of preparedness. A TSP must submit to ERCOT, on a form prescribed
by ERCOT, the following declarations of weather preparedness:
(A) No earlier than November 1 and no later
than December 1 of each year, a TSP must submit a declaration of winter weather
preparedness for the upcoming winter season that:
(i) Identifies each transmission substation
or switchyard maintained by the TSP for which the declaration is being
submitted;
(ii) Summarizes all
activities engaged in by the TSP to complete the requirements of paragraph (1)
of this subsection for the upcoming winter season,
(iii) Provides the minimum ambient
temperature at which each transmission facility has experienced sustained
operations, as measured at the substation or switchyard or the weather station
nearest to the substation or switchyard;
(iv) Includes any additional information
required by the ERCOT protocols in effect as of October 1 of the year in which
the declaration is submitted; and
(v) Includes a notarized attestation sworn to
by the TSP's highest-ranking representative, official, or officer with binding
authority over the TSP, attesting to the completion of all activities described
in paragraph (1) of this subsection, except activities required to be completed
after December 1, and to the accuracy and veracity of the information described
in subparagraph (A) of this paragraph.
(B) No earlier than May 1 and no later than
June 1 of each year, a TSP must submit a declaration of summer weather
preparedness for the upcoming summer season that at a minimum:
(i) Identifies each transmission substation
or switchyard maintained by the TSP for which the declaration is being
submitted;
(ii) Summarizes all
activities engaged in by the TSP to complete the requirements of paragraph (2)
of this subsection;
(iii) Provides
maximum ambient temperature at which each transmission facility has experienced
sustained operations, as measured at the substation or switchyard or the
weather station nearest to the substation or switchyard;
(iv) Includes any additional information
required by the ERCOT protocols in effect as of April 1 of the year in which
the declaration is submitted; and
(v) Includes a notarized attestation sworn to
by the TSP's highest-ranking representative, official, or officer with binding
authority over the TSP attesting to the completion of all activities described
in paragraph (2) of this subsection, except activities required to be completed
after June 1, and to the accuracy and veracity of the information described in
subparagraph (B) of this paragraph.
(4) No later than December 20 of each year,
ERCOT must file with the commission a compliance report that addresses whether
each TSP has submitted the declaration of winter weather preparedness required
by paragraph (3)(A) of this subsection for each transmission substation or
switchyard maintained by the TSP.
(5) No later than June 20 of each year, ERCOT
must file with the commission a compliance report that addresses whether each
TSP has submitted the declaration of summer weather preparedness required by
paragraph (3)(B) of this subsection for each transmission substation or
switchyard maintained by the TSP.
(6) ERCOT will treat declarations of
preparedness and associated information submitted by a TSP as Protected
Information as defined by the ERCOT protocols.
(g) ERCOT inspections of transmission
facilities.
(1) ERCOT must conduct inspections
of transmission facilities and may prioritize inspections based on factors such
as the length of time since the transmission facility was last inspected;
whether a transmission facility is critical for electric grid reliability; has
experienced a forced outage or other failure related to weather emergency
conditions; or has other vulnerabilities related to weather emergency
conditions. ERCOT must determine, in consultation with commission staff, the
number, extent, and content of inspections, as well as develop a risk-based
methodology for selecting at least ten percent of substations or switchyards
providing transmission service to be inspected at least once every three years.
ERCOT must develop, in consultation with commission staff, a winter weather
inspection checklist and a summer weather inspection checklist for use during
facility inspections. Inspections may be conducted by ERCOT's employees or
contractors.
(A) ERCOT must provide each TSP
at least 72 hours' written notice of an inspection unless otherwise agreed by
the TSP and ERCOT. The written notice must identify each ERCOT employee,
commission staff member, or designated contractor participating in the
inspection. Within 24 hours of receiving notice of inspection, a TSP must
provide ERCOT, commission staff, and designated contractors all TSP
requirements for facility access. Upon provision of the required written
notice, a TSP must grant access to its facility to ERCOT and commission staff,
including an employee of a contractor designated by ERCOT or the commission to
conduct, oversee, or observe the inspection.
(B) During the inspection, a TSP must provide
ERCOT, commission staff, and designated contractors access to any part of the
facility upon request. ERCOT, commission staff, and designated contractors must
comply with all applicable safety and security regulations, including those
maintained by the TSP, during the inspection. A TSP must provide access to
inspection, maintenance, and other records associated with weather preparation
measures, and must make the TSP's staff available to answer questions. A TSP
may escort ERCOT, commission staff, and designated contractors at all times
during an inspection. During the inspection, ERCOT, commission staff, and
designated contractors may take photographs and video recordings of any part of
the facility except control rooms and may conduct interviews of facility
personnel designated by the TSP. Documents, photographs, and video recordings
collected or generated by ERCOT, commission staff, or designated contractors
during or related to the inspection will be treated as confidential information
under applicable state or federal laws and regulations.
(2) ERCOT inspection report.
(A) ERCOT must provide a written report on
its inspection of a transmission system or facility to the TSP. The written
inspection report must address whether the TSP has complied with the
requirements in subsection(f)(1) or (2) of this section.
(B) If the TSP has not complied with a
requirement in subsection (f)(1) or (2) of this section, ERCOT must provide the
TSP a reasonable period to cure the identified deficiencies.
(i) The cure period determined by ERCOT must
consider what weather emergency preparation measures the TSP may be reasonably
expected to have taken before ERCOT's inspection, the reliability risk of the
TSP's noncompliance, and the complexity of the measures needed to cure the
deficiency.
(ii) The TSP may
request ERCOT provide a longer period to cure the identified deficiencies. The
request must be accompanied by documentation that supports the
request.
(iii) ERCOT, in
consultation with commission staff, will determine the revised cure period
after considering a request for a longer period to cure the identified
deficiencies.
(C) ERCOT
must report to commission staff any TSP that does not remedy the deficiencies
identified under subparagraph (A) of this paragraph within the cure period
determined by ERCOT under subparagraph (B) of this paragraph.
(D) A TSP reported by ERCOT to commission
staff under subparagraph (C) of this paragraph will be subject to enforcement
investigation under §
22.246 of this title. A violation
of this section is a Class A violation under §
25.8(b)(3)(A) of
this title and may be subject to a penalty not to exceed $1,000,000 per
violation per day.
(h) Weather-related failures by a TSP to
provide service. ERCOT must notify a TSP and commission staff of the TSP's
repeated or major-weather related forced interruption of service. Upon
notification from ERCOT, the TSP must contract with a qualified professional
engineer to assess its weather emergency preparation measures, plans,
procedures, and operations. The qualified professional engineer must not be an
employee of the TSP or its affiliate. The qualified professional engineer must
not have participated in previous assessments for this facility for at least
five years, unless the TSP provides documentation that no other qualified
professional engineers are reasonably available for engagement. The qualified
professional engineer must conduct a root cause analysis of the failure and
develop a corrective action plan to address any weather-related causes of the
failure. The TSP must submit the qualified professional engineer's assessment
to the commission and ERCOT within 15 calendar days of receiving the
assessment. A TSP to which this subsection applies may be subject to additional
inspections by ERCOT. ERCOT must refer to commission staff for investigation
any TSP that violates this subsection.
(i) ERCOT historical weather study. ERCOT
must study historical weather data across each weather zone classified in the
ERCOT protocols. ERCOT must file with the commission a report summarizing the
results of the study at least once every five years, beginning no later than
November 1, 2026.
(1) At a minimum, ERCOT must
calculate the 90th, 95th, and 99th percentiles of:
(A) the daily minimum temperature in each
weather zone;
(B) the daily maximum
temperature in each weather zone;
(C) the maximum sustained wind speed in each
weather zone;
(D) the minimum
average 72-hour temperature in each weather zone;
(E) the maximum average 72-hour temperature
in each weather zone; and
(F) the
minimum average wind chill in each weather zone.
(2) ERCOT may add additional parameters to
the historical weather study.
(3)
ERCOT must take into consideration weather predictions produced by the office
of the state climatologist when preparing the historical weather
study.
Notes
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No prior version found.