NPRR #490 · Revision Request
NPRR490 Clarification of TSP Definition and Confidentiality Obligations
ReasonThis NPRR addresses the concern that certain ERCOT TOs or NERC Transmission Operators operating in ERCOT may not be subject to the confidentiality obligations and structural requirements applicable to TSPs and PUCT-registered transmission and distribution utilities. This concern has arisen out of two recent developments. First, certain TSPs have proposed designating other non-TSP Entities as TOs. Without TSP status, these TOs would not necessarily be obligated to protect the information they would be entitled to receive as TOs, since they would not be obligated to adhere to the Code of Conduct applicable to TDUs (see P.U.C. Subst. R. 25.272, Code of Conduct for Electric Utilities and Their Affiliates) or the confidentiality agreement ERCOT requires of TSPs (see paragraph (1)(g) of Section 1.3.6, Exceptions). Second, one Resource Entity that owns and operates a 345 kV line behind its Point of Interconnection (POI) has been required by the Texas Reliability Entity to register with NERC as a NERC Transmission Operator. This NERC Transmission Operator registration would arguably authorize this Entity to obtain Outage Scheduler data and other sensitive information normally disclosed only to TSPs, giving the Resource Entity an unfair advantage over its competitors. TOs and NERC Transmission Operator should not be engaged in functions relating to control and/or ownership of Generation Resources (or other Resources) and should be obligated to take all necessary measures to prevent disclosure of confidential information to the public and to employees or affiliates engaged in competitive enterprises in ERCOT. This NPRR achieves this purpose by expanding the definition of "Transmission Service Provider" to include TOs and NERC Transmission Operators and by requiring TSPs to sign an agreement not to disclose Protected Information received from ERCOT. The NPRR also obligates those TSPs that are not subject to PUCT jurisdiction as traditional transmission-owning utilities to follow certain specified provisions in the PUCT’s Electric Utility Code of Conduct. Protection of competitively sensitive information is necessary to ensure fair competition in the ERCOT Market.
Created2012-10-18
Sections Affected
2.12.26.5.7.816.4
Summary
This Nodal Protocol Revision Request (NPRR): · Broadens the definition of "Transmission Service Provider (TSP)" to include not only those transmission-owning Entities subject to the jurisdiction of the Public Utility Commission of Texas (PUCT), but also Entities registered as Transmission Operators (TOs) with either ERCOT or the North American Electric Reliability Corporation (NERC); · Prohibits TSPs that are not already subject to the jurisdiction of the PUCT from owning, operating, controlling, or submitting schedules, offers or bids on behalf of any Resource; · Requires TSPs that are not already subject to the jurisdiction of the PUCT to comply with certain sections of P.U.C. Subst. R. 25.272, Code of Conduct for Electric Utilities and Their Affiliates; and· Requires a Transmission and/or Distribution Service Provider (TDSP) to sign a confidentiality agreement with ERCOT providing that the TDSP will not disclose certain confidential information received as a result of its status as TDSP.
Action Log 6 milestones
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Oct 18
PRSDeferred/Tabled→ PRS
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Nov 15
PRSDeferred/Tabled→ PRS consideration
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Dec 13
PRSDeferred/Tabled→ PRS consideration
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Jan 17
PRSDeferred/Tabled→ PRS Language Consideration
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Feb 21
PRSDeferred/Tabled→ PRS Language Consideration
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Mar 21
PRSDeferred/Tabled→ PRS Language Consideration
Documents 18
| Name | Type | Posted | Classification |
|---|---|---|---|
| 490NPRR-01 Clarification of TSP Definition and Confidentiality O | doc | Oct 3 '12 | Revision Request |
| 490NPRR-02 Impact Analysis 100312 | doc | Nov 19 '12 | Staff Report |
| 490NPRR-03 PRS Report 101812 | doc | Oct 23 '12 | Committee Report |
| 490NPRR-04 BTU Comments 103012 | doc | Oct 30 '12 | Revision Request Comments |
| 490NPRR-05 TIEC Comments 110212 | doc | Nov 2 '12 | Revision Request Comments |
| 490NPRR-06 CenterPoint Energy 110712 | doc | Nov 7 '12 | Revision Request Comments |
| 490NPRR-07 ERCOT Comments 111312 | doc | Nov 13 '12 | Revision Request Comments |
| 490NPRR-08 PRS Report 111512 | doc | Nov 19 '12 | Committee Report |
| 490NPRR-09 ERCOT Comments 120712 | doc | Dec 7 '12 | Revision Request Comments |
| 490NPRR-10 PRS Report 121312 | doc | Dec 17 '12 | Committee Report |
| 490NPRR-11 ERCOT Comments 011613 | doc | Jan 16 '13 | Revision Request Comments |
| 490NPRR-12 PRS Report 011713 | doc | Jan 21 '13 | Committee Report |
| 490NPRR-13 NextEra Comments 021413 | doc | Mar 14 '13 | Revision Request Comments |
| 490NPRR-14 PRS Report 022113 | doc | Feb 25 '13 | Committee Report |
| 490NPRR-15 NextEra Comments 031413 | doc | Mar 14 '13 | Revision Request Comments |
| 490NPRR-16 PRS Report 032113 | doc | Mar 26 '13 | Committee Report |
| 490NPRR-17 NextEra Comments 041513 | doc | Apr 15 '13 | Revision Request Comments |
| 490NPRR-18 Request for Withdrawal 081513 | doc | Aug 15 '13 | Revision Request Comments |
Meetings That Took It Up 11
| Date | Meeting | Committee | Status |
|---|---|---|---|
| Aug 22 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Jul 18 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Jun 20 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| May 16 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Apr 18 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Mar 21 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Feb 21 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Jan 17 '13 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Dec 13 '12 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Nov 15 '12 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |
| Oct 18 '12 | Protocol Revision Subcommittee (PRS) Meeting | PRS | Concluded |