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Staff & Supplier Reach $90,000 QSE Settlement Agreement
“The Staff of the Public Utility Commission of Texas (Commission Staff) and ENGIE Energy Marketing NA, Inc. (EEMNA) (together, the Parties) enter into this settlement agreement and file this joint report to the Commission. The agreement resolves and concludes Commission Staff” s investigation of EEMNA for violations of PURA1 § 39.151(j); 16 Texas Administrative Code (TAC) §§ 25.503(f)(2), 25.503(g)(3), and 25.507(d)(6); ERCOT Nodal Protocols2 §§ 8.1.3.2 and 8.1.3.1.4, related to emergency response service (ER-S).”
“Commission Staff recommends, and EEMNA agrees to pay, an administrative penalty of $90,000 for the violations discussed in this settlement agreement.”
ERS Testing Violations
“ERCOT conducted 16 deployment tests on EEMNA ERS resources between February 2022 and February 2023 that resulted in 14 failed deployment tests.
Two of EEMNA’ s ERS resources failed three or more consecutive deployment tests between February 2022 and February 2023. Both resources continuously offered for ERS bid despite repeated consecutive failed deployment tests during the investigated period.
ERCOT conducted 16 deployment tests on EEMNA ERS resources between February 2022 and February 2023 that resulted in 14 failed deployment tests.
Two of EEMNA’ s ERS resources failed three or more consecutive deployment tests between February 2022 and February 2023. Both resources continuously offered for ERS bid despite repeated consecutive failed deployment tests during the investigated period.”
ERS Performance Violations
“On July 13, 2022, ERCOT deployed ERS-10 and ERS-30 resources due to declining capacity reserves. ERS-30 resources were deployed during the hour ending 1500 and were recalled in the hour ending 1900, corresponding with time periods (TPs) TP 3 through TP 4 of the applicable Standard Contract Term (SCT).
EEMNA contracted to provide non-weather sensitive ERS-30 over multiple TPs during the June-September 2023 SCT, including TP 3 and TP.
ERCOT’ s post-event analysis showed that EEMNA failed to provide the full ERS obligation during the first full interval for ERS-30 and had an overall ERSEPF of 90.1 percent.
To satisfy ERCOT Nodal Protocols § 8.1.3.1.4 requirements, an ERS resource must achieve a MW response 95 percent or more of its ERS obligation for: (i) the first full interval of the deployment event, and (ii) the time and capacity weighted average performance across all event intervals.
EEMNA violated PURA § 39.151(j), 16 TAC §§ 25.503(f)(2) and 25.507(d)(6), and ERCOT Nodal Protocols § 8.1.3.1.4 on July 13, 2022.”
Settlement Agreement (12/10/2025)
59005
(Settlement Agreement And Report To The Commission Regarding Engie Energy Marketing Na, Inc’s Violations Of Pura § 39.151(J); 16 Tac §§ 25.503(F)(2), 25.503(G)(3) And 25.507(D)(6); And ERCOT Nodal Protocols §§ 8.1.3.2 And 8.1.3.1.4, Related To Emergency Response Service)
