This Nodal Protocol Revision Request (NPRR) removes references to the Foreign Corrupt Practices Act; removes language giving new Market Participants a six-month exemption from certain Digital Certificate issuance requirements; and adds a prohibition against the trade or sale of Digital Certificates.
Reason:
As currently worded, Section 16.12.1 requires each Market Participant to ensure that its Digital Certificate holders comply with the Foreign Corrupt Practices Act. ERCOT Legal has concluded that this reference is ultimately unnecessary, and that the intent underlying this requirement could more properly be served by a broad prohibition against trading or selling the Digital Certificate. ERCOT also proposes removal of language exempting new Market Participants from certain background review and export control verification requirements for the first six months of their participation in the ERCOT market. Since these requirements have been in place for several years now, there is no longer any compelling reason to exempt Market Participants from these obligations for any period, especially in light of the security risk that such an exemption creates.