This Nodal Protocol Revision Request (NPRR) modifies Section 20, Alternative Dispute Resolution Procedure, and clarifies certain related subsections in Section 9.14, Settlement and Billing Dispute Process. There are two primary modifications:
(1) This NPRR incorporates a new process to provide Market Participants and other interested parties (collectively, “stakeholders”) an opportunity to comment on Alternative Dispute Resolution (ADR) proceedings. For all ADR proceedings, ERCOT will issue a Market Notice that includes a copy of the written ADR request. In addition, for any ADR proceedings that involve one or more issues for which ERCOT believes broader stakeholder input may be helpful in reaching an appropriate resolution of the claim, ERCOT may issue a Market Notice to inform all stakeholders of an opportunity to comment on such issue(s). Stakeholders will have 14 days to submit comments. The deadline by which parties to a dispute must conduct the initial ADR meeting has been extended to accommodate this new process. A table summarizing the new ADR timeline has been added to Section 20.3, Alternative Dispute Resolution Process.
To support these modifications, ERCOT will revise the Alternative Dispute Resolution (ADR) Request Form and will create a new Alternative Dispute Resolution (ADR) Comment Form.
(2) Sections 20.4, Mediation Procedures, and 20.5, Arbitration Procedures, have been deleted in their entirety. These types of procedures have rarely if ever been utilized and are unnecessary anyway, given that any aggrieved party may file a complaint against ERCOT on a completed ADR proceeding at the Public Utility Commission of Texas (PUCT).
Additional revisions streamline and clarify the ADR process and improve language to align better with actual practice and updated industry standards.