Request for Records, Documents or Legal Information
ERCOT will provide information required to be publicly posted in Sections 1.3 and 12 of the Protocols on its website. In addition, ERCOT will provide other information as requested that ERCOT determines does not fall within the Exceptions listed below or is not unduly burdensome to provide. Prior to requesting any information, requestors should review ERCOT's website for the desired information; most relevant information is already available on ERCOT's website.
To request information not required to be publicly posted in Sections 1.3 and 12 of the Protocols, please fill out the following Request for Records or Information. ERCOT will send notice of receipt of the request and respond to most requests within ten (10) business days of receipt of the request. If a response requires more than ten business days, ERCOT will notify the requestor of the expected delay and the anticipated date that the documents may be available. This policy is not intended to limit access to ERCOT documents by the Public Utility Commission and legislative oversight officials and staff.
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Format and delivery of information:
Information will be provided in electronic format via email unless requestor is reasonably unable to receive information in such format.
Upon request, documents of five (5) pages or less may be sent via facsimile to local or toll free numbers.
Paper copies will only be provided if electronic format is unavailable or if the requestor has reasonable justification for being unable to receive the requested information electronically. For paper copies over 50 pages in length, a charge of 15 cents per page for photocopying shall apply.
For requests that require gathering a significant amount of materials (such as more than 50 pages), ERCOT may provide an estimated charge and receive payment prior to actual processing of the request.
In the event that ERCOT determines that responding to an information request will require significant labor by our staff, ERCOT reserves the right to notify the requesting party of the estimated cost and to obtain, in advance and at ERCOT's discretion, either actual payment of or a commitment to pay the labor cost that will be incurred in responding to the information request.
Due to their sensitive nature, the following categories of information are not available upon request:
- Information deemed Protected Information under Section 1.3 of the Protocols.
- Information that is confidential or privileged by law, either constitutional, statutory, or by judicial decision, including, but not limited to, attorney-client communications, attorney work product, and other information that a court has ordered to be kept confidential.
- Personnel records, the disclosure of which would violate law or constitute a clearly unwarranted invasion of personal privacy, except that all information in an employee's personnel file is to be made available to that employee or the employee's designated representative.
- Certain information deemed confidential by contract (e.g., proprietary software, systems, or other intellectual property or certain vendor rates).
- Detailed information about ERCOT's systems or security procedures, including information relating to ERCOT's computer network security or to the design, operation, or defense of ERCOT's computer network.
- Competitive or financially sensitive information (e.g., information regarding proposed capital projects, including budget information and vendor proposals, not yet under contract; proprietary procedures, designs, software or other intellectual property). Notwithstanding this exception, ERCOT may release such information pursuant to a confidentiality agreement or protective order for evaluation or planning purposes on a project-by-project basis.
- Documents relating to pending or reasonably anticipated litigation or contested case, except for non-entity specific or budget-planning documents.
- Audit working papers, including all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report (e.g., internal communications and draft audit reports or portions of draft audit reports).
- Internal documents that would not be available by law to a party in litigation with ERCOT, including information protected by the deliberative process privilege and attorney work product privilege.
- Documents, compilations, and analyses not created or performed by or in the possession of ERCOT in its regular course of business, unless any such compilation or analysis could be created within a reasonable amount of time and effort.
- Information that the Federal Energy Regulatory Commission (FERC) has deemed to be Critical Energy Infrastructure Information (CEII). For more information about CEII, please visit FERC Critical Energy Infrastructure Information (CEII).
If ERCOT denies a request for records or information, ERCOT will identify the applicable Exception as the reason for denial. If any document contains information that is not subject to an Exception, only the excepted information will be redacted from the document before it is presented to the requestor. A requestor may register a complaint, or request for review, with the Public Utility Commission of Texas regarding a denial of access to records or information.