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“This case raises issues of first impression regarding how the Electric Reliability Council of Texas, Inc.’ s (ERCOT) Responsive Reserve Service (RRS) program-which is structured around obligations awarded or approved in a Day-Ahead Market (DAM) for each Operating Day-functioned during Winter Storm Uri in February 2021, when Load Resources were ordered to deploy and remain deployed for several days.”

“ENGIE Marketing NA, Inc. (ENGIE) and Viridity Energy Solutions, Inc. (Viridity) (jointly, Complainants) brought this complaint alleging that ERCOT failed to compensate or credit them for 27 megawatts (MW) of RRS provided each day from February 16-19, 2021 (the Disputed Payment Period). ERCOT denies that Complainants provided RRS, citing their failure to have confirmed trades for RRS in the DAM for those days, and accordingly denies that Complainants are entitled to any credit or compensation. Complainants contend that following normal DAM procedures was effectively impossible during the extraordinary circumstances of the storm and ERCOT’s multi-day, emergency deployment of Load Resources.  

“As discussed herein, the Administrative Law Judges (ALJs) conclude that Complainants did not show that ERCOT’s actions violated any applicable law. Therefore, the ALJs recommend denying Complainants’ complaint.” 

The Commission will place this case on an open meeting agenda for the Commissioners’ consideration. The Commission will also notify the Administrative Law Judges and the parties of the open meeting date, as well as the deadlines for filing exceptions to the PFD, replies to the exceptions, and requests for oral argument.

SOAH Proposal For Decision With Memorandum (Pages 1-100)  (06/28/2024)
SOAH Proposal For Decision With Memorandum (Pages 101-127)  (06/28/2024)
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Complaint Of Engie Energy Marketing Na, Inc. And Viridity Energy Solutions, Inc. Against The Electric Reliability Council Of Texas, Inc.