NOTICE DATE:  August 13, 2019

NOTICE TYPE:  M-A081319-01 Operations

SHORT DESCRIPTION:  TCEQ Notice of Enforcement Discretion

INTENDED AUDIENCE:  QSEs with Resources and Resource Entities

DAY/S AFFECTED: August 13, 2019 until further notice

LONG DESCRIPTION:  The ERCOT Region continues to experience sustained state-wide record setting load. ERCOT expects significant high load for today’s afternoon peak due to continued high temperatures throughout the ERCOT Region.  These conditions make it more likely that the ERCOT Region will experience a power emergency.  The Texas Commission on Environmental Quality (TCEQ) has communicated to ERCOT that, effective immediately, TCEQ will use its enforcement discretion for generating facilities to assist during these extreme temperatures. To maximize generation requested by ERCOT, TCEQ will exercise its enforcement discretion for exceedances of emission and operational limits of power generating facilities for generators that exceed air permit limits. 

Any generating facility that expects to exceed its air permit limits to assist during these extreme temperatures shall provide a notice of this action to Kelly Cook (kelly.cook@tceq.texas.gov), Director of Critical Infrastructure Division for TCEQ.  Unless TCEQ provides notice otherwise, the period of enforcement discretion will continue until ERCOT provides a Market Notice declaring that the enforcement discretion has ended.

See “Procedure for Requesting TCEQ Enforcement Discretion Relating to a Power Emergency in Texas for ERCOT, MISO, or SPP Regions”, available at https://www.tceq.texas.gov/assets/public/response/power-emergency/enforcement-discretion.pdf.

CONTACT:  If a QSE or Resource Entity has any questions concerning this Notice, please contact Chad V. Seely, ERCOT General Counsel, at (512) 225-7035, or Woody Rickerson, ERCOT Vice President, Grid Planning and Operations, at (512) 248-6501.

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