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More Polar Vortex 2021 Fallout (and Texas Two-Step): Monitor for ERCOT Identifies Improper Payments for Ancillary Services and $16B of Excessive Prices; PUCT Orders "Clawback" But Not for Excessive Prices | Mayer Brown - Tax Equity Times


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On March 1, 2021, Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a
report with the Public Utility Commission of Texas (PUCT) that certain payments were made by ERCOT for Ancillary Services (AS) that were not provided.
According to the IMM (emphasis added):
There were a number of instances during the operating days outlined above in which AS was not provided in real time because of forced outages or derations. For market participants that are not able to meet their AS responsibility, typically the ERCOT operator marks the short amount in the software. This causes the AS responsibility to be effectively removed and the day-ahead AS payment to be clawed back in settlement. However, the ERCOT operators did not complete this task during the winter event, and therefore the failure to provide settlements were not invoked in real time. ....

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The Storm After the Storm: Texas PUC Issues Emergency Orders Affecting Retail Electric Providers | Locke Lord LLP


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The Public Utility Commission of Texas has issued a series of orders since Friday, February 19, 2021 to address the potential of mass transitions of retail electric customers and retail billing issues resulting from the extreme weather event last week.
Delegation of Authority to the Executive Director and Granting Exception to the Commission’s Rules (Project Nos. 50500 and 51812)
On Friday, February 19, 2021, the Texas PUC held an emergency meeting and voted to approve an order related to the designation of Retail Electric Providers (“REPs”) to serve as Volunteer Retail Electric Provider (“VREP”) because of the potential of mass transitions of retail electric customers to Providers of Last Resort (“POLR”). The Order was not filed until this morning. See attached. ....

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