Loading...
HomeMy WebLinkAboutContract 56482 CSC No. 56482 ercjgt ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2022 This Membership Application and Agreement for Membership Year 2022 (Agreement) is made and entered into by and between Electric Reliability Council of Texas, Inc. (ERCOT) and City of Fort Worth (Applicant). In consideration of the mutual covenants contained herein Applicant hereby submits its application for ERCOT Membership (Membership) and agrees to be bound by the obligations of Membership as further described herein and the ERCOT Bylaws. ERCOT will review this application and will provide Member services and benefits described herein, subject to the terms and conditions of this Agreement and the ERCOT Bylaws, provided that Applicant meets the requirements to become an ERCOT Member (Member). This Agreement shall be effective as of the date that ERCOT provides written notice approving this application for Membership Year 2022 (Effective Date). Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws, as amended from time to time. A. Membership Application Information. 1 . Legal Name of Applicant. Provide full corporate name and, if applicable, assumed "doing business as" name, of Applicant applying for Membership. City of Fort Worth 2. Type of Membership. Select ONE of three available types of Membership below (that is, Corporate, Associate or Adjunct). Members who are Affiliates (as defined in the ERCOT Bylaws) may hold only one Corporate Membership among such Members. Other applicants applying for additional ERCOT Memberships, such as an Associate Membership, must use a separate Agreement for each Membership. The applicable Annual Member Dues listed below for each Membership type provide Corporate Members with voting rights pursuant to the ERCOT Bylaws and entitle Members to services ERCOT provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member services as ERCOT may from time-to-time offer. OFFICIAL RECORD CITY SECRETARY ERCOT Membership Application and Agreement for Membership Year 2022 FT. WORTH, TX ERCOT Public ® Corporate. Voting. $2,000 per Membership Year(except Residential and Commercial Consumer Members' Annual Member Dues are $100 per Membership Year). Corporate Membership includes the right to vote on matters submitted to the general Membership, such as election of Technical Advisory Committee (TAC) Representatives and TAC subcommittee representatives, and amendments to the Certificate of Formation (formerly known as the Articles of Incorporation) and the ERCOT Bylaws. ❑ Associate. Non-voting. $500 per Membership Year (except Residential and Commercial Consumer Members' Annual Member Dues are $50 per year). Associate Membership does not provide any voting rights for matters submitted to the general Membership. However, an Associate Member may be elected by Corporate Members to serve as a voting member of TAC or a TAC subcommittee. ❑ Adjunct. Non-voting. $500 per Membership Year. Applicants not meeting the Segment requirements for Membership may join as Adjunct Members upon Board of Directors approval. Adjunct Membership does not provide any voting rights for matters submitted to the general Membership nor any right to be elected or appointed to TAC or a TAC subcommittee. Adjunct Members shall be bound by the same obligations as other Members. 3. Payment of Annual Member Dues. The applicable Annual Member Dues must be paid and received by ERCOT by the Record Date, as determined pursuant to the ERCOT Bylaws and defined in Section B.3. below, in order for the Member to participate in the elections for the Membership Year 2022. As a result of the Coronavirus- 19 pandemic, ERCOT has reduced staff available onsite to receive, distribute, and manage incoming postal mail, deliveries, faxes on a daily basis. As such, ERCOT requests submission of all Annual Member Dues by wire transfer. ERCOT expects to implement a rule requiring payment by wire prior to the next membership period, in which case this will be the final year payment will be accepted by check. Please contact ERCOT at membership(a-)ercot.com for electronic funds transfer instructions. ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 2 4. Segment Eligibility. Check ONE Segment designation, as further described in the ERCOT Bylaws, for which Applicant believes in good faith that Applicant is eligible. ® Consumer. Any entity meeting the definition for Residential Consumers, Commercial Consumers or Industrial Consumers as set forth in the ERCOT Bylaws. Check ONE Subsegment designation: ❑ Residential Consumer. The appointed Board Director representing residential consumer interests, an organization or agency representing the interests of residential consumers in the ERCOT Region, or the Residential Consumer TAC Representative. ❑ Small Commercial Consumer. A commercial consumer having a peak demand of 1000 KW or less (or an organization representing such consumers). ® Large Commercial Consumer A commercial consumer having a peak demand greater than 1000 KW. ❑ Industrial Consumer. An industrial consumer with at least one meter with average monthly demand greater than 1 megawatt consumed within the ERCOT Region engaged in an industrial process. An entity applying for ERCOT membership as a Residential Consumer, Small Commercial Consumer or Large Commercial Consumer is ineligible if that entity has interests in the electric industry in any other capacity than as an end-use consumer or represents the interests of another entity that has interests in the electric industry in any other capacity than as an end- use consumer. ❑ Cooperative. An Entity operating in the ERCOT Region that is: (i) A corporation organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161 and operating under that chapter; (ii) A corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; (iii) A cooperative association organized under Chapter 251 of the Texas Business Organizations Code or a predecessor to that statute and operating under that statute, or (iv) A River Authority as defined in Tex. Water Code §30.003. ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 3 ❑ Independent Generator. Any entity that is not a Transmission and Distribution Entity (T&D Entity) or an Affiliate of a T&D Entity and that (i) owns or controls generation of at least 10 MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10 MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider. ❑ If Applicant is a Member in the Independent Generator segment for the current Membership Year, check this box to confirm that as of the date of this Application, Applicant and/or one or more Affiliates is registered as a Power Generation Company (PGC) with the Public Utility Commission of Texas (PUCT) with respect to generation of at least 10 MW in the ERCOT Region. If Applicant is not a Member in the Independent Generator segment for the current Membership Year, please include with this Application a copy of PGC registration(s) with the PUCT for Applicant and/or its Affiliates for generation of at least 10 MW in the ERCOT Region. ❑ Independent Power Marketer. Any entity that is not a T&D Entity or an Affiliate of a T&D Entity and is registered at the PUCT as a Power Marketer to serve in the ERCOT Region. ❑ Independent Retail Electric Provider (REP). Any entity that is certified by the PUCT to serve in the ERCOT Region as a Retail Electric Provider under PURA §39.352 and that is not an Affiliate of a T&D Entity. ❑ Aggregator. For purposes of Segment classification, an aggregator may register to participate in this Segment if unable to qualify in any other Segment. ❑ Investor-Owned Utility. (i) An investor-held, for-profit "electric utility" as defined in PURA §31 .002(6) that: (a) Operates within the ERCOT Region; (b) Owns 345 kV interconnected transmission facilities in the ERCOT Region; (c) Owns more than 500 pole miles of transmission facilities in the ERCOT Region; or (d) Is an Affiliate of an entity described in (a), (b) or (c); or (ii) A public utility holding company of any such electric utility. ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 4 ❑ Municipal. An entity operating in the ERCOT Region that owns or controls transmission or distribution facilities, owns or controls dispatchable generating facilities, or provides retail electric service and is either: (i) A municipally owned utility as defined in PURA §11 .003 or (ii) A River Authority as defined in Tex. Water Code §30.003. 5. Identification of Applicant's Designated Representative and Designated Representative Alternate. a. Designated Representative. ERCOT requires Applicant to designate an official representative in order for ERCOT to conduct ERCOT's corporate business (that is, for ERCOT to provide notice to each of its Members and for Members to participate and/or vote at Membership meetings, as applicable). Applicant identifies its designated representative for required notices to ERCOT Members, participation in meetings of the Corporate Members and voting issues, as applicable, as follows: Name: Dana Burghdoff Title: Assistant City Manager Address: 200 Texas St. City, State, Zip: Fort Worth, TX, 76102 Phone: 817-392-8018 Email: Dana.Burghdoff(a-)fortworthtexas.gov b. Designated Representative Alternate. In the event that ERCOT is unable to contact Applicant's designated representative for any reason after reasonable attempts, Applicant identifies a designated representative alternate to receive required notices to ERCOT Members and to participate in meetings of the Corporate Members and voting issues, as applicable, as follows: Name: Steve Cooke Title: Property Management Director Address: 900 Monroe St, Suite 400 City, State, Zip: Fort Worth, TX 76102 Phone: 817-392-5134 Email: Stephen.Cooke(a-)fortworthtexas.gov ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 5 6. Identification of Other Members who are Affiliates of Applicant. Applicant identifies other ERCOT Memberships held by Applicant or Affiliates of Applicant, if any (attach extra pages if necessary) as: (a) Member name: Segment: (b) Member name: Segment: (c) Member name: Segment: B. Membership Agreement. 1 . Membership. Any entity that qualifies for any of the Segment definitions set forth in the ERCOT Bylaws is eligible for Membership. Members must be an organization that either operates in the ERCOT Region or represents consumers within the ERCOT Region as provided in the ERCOT Bylaws. Members may join as a Corporate, Associate or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Applicants must apply for Membership through an authorized officer or agent. 2. Term. The Membership Year 2022 begins on January 1 , 2022, and ends on December 31 , 2022. The term of this Agreement begins on the Effective Date and ends on December 31 , 2022. 3. Record Date. The record date for Membership Year 2022 is Friday, November 12, 2021 (Record Date). Only applicants who have been approved as Corporate Members for Membership Year 2022 as of the Record Date shall be eligible to cast votes at the Annual Membership Meeting on December 14, 2021 . 4. Membership Dues. Annual Member Dues are provided in the ERCOT Bylaws. Any change in or waiver of Annual Member Dues must be approved pursuant to the procedures set forth in the ERCOT Bylaws. Any change in Member Dues for a particular category of Members shall automatically become effective as to all ERCOT Members without the necessity of amending this Agreement. All Memberships must be renewed annually. Annual Member Dues renewals shall be due by the Record Date for the annual membership meeting. Annual Member Dues will not be prorated. Any Applicant may request that the Member's Annual Member Dues be waived for good cause shown. ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 6 5. Application for Membership. Applicant must submit the following items in order to apply for Membership: (i) Payment of the applicable Annual Member Dues; (ii) A copy of this Agreement, signed by an authorized representative of Applicant; and (iii) For Independent Generator segment applicants that are not Members in the Independent Generator segment for the current Membership Year, a copy of PGC registration(s) with the PUCT for Applicant and/or its Affiliates for generation of at least 10 MW in the ERCOT Region. For the reasons stated in Paragraph 3 in connection with the Coronavirus- 19 pandemic, ERCOT requests submission of all Annual Member Dues by wire transfer and all signed Applications for Membership by email to membership(cDercot.com. Upon receipt of payment and a signed copy of this Agreement, ERCOT will promptly notify Applicant of Membership status in writing, whether approved or not. 6. Change of Designated Representative or Designated Representative Alternate. All ERCOT Members shall maintain current contact information on file with ERCOT for their designated representative and designated representative alternate. An ERCOT Member may change its designated representative or designated representative alternate at any time by written request of a duly authorized representative of the ERCOT Member submitted to the ERCOT Legal Department at membership(a)ercot.com. 7. Changes in Affiliates. All ERCOT Members are required to notify ERCOT of any changes in their Affiliates in accordance with the ERCOT Bylaws. 8. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Directors. Any ERCOT Member who violates any provision of this Agreement, the ERCOT Bylaws, or any other rule or regulation duly adopted by the Board of Directors may be reprimanded, suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth in the ERCOT Bylaws. Such action will affect all entities deriving Membership privileges through such ERCOT Member. Suspension and expulsion are cumulative and non-exclusive remedies that may be pursued against Applicant or any other ERCOT Member in addition to any other remedy available under the Standard Form Market Participant Agreement, any other agreement executed by the ERCOT Member, or any other applicable statutes, laws, rules, or regulations. ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 7 9. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions hereof may be waived only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance. 10. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive jurisdiction of Texas. IN WITNESS WHEREOF, Applicant certifies that: (i) Applicant meets the requirements for ERCOT Membership in the Segment designated herein; (ii) All information provided herein is true and correct to the best of Applicant's knowledge; (iii) The signatory for Applicant is a representative authorized by Applicant with authority to bind Applicant contractually; and (iv) Through the signature of its authorized representative below, Applicant agrees to be bound by the terms of this Agreement, the ERCOT Bylaws, applicable ERCOT Protocols, and any other requirements duly adopted by the Board of Directors or required by the PUCT or applicable law. APPLICANT City of Fort Worth By: a Printed Name: Dana Burghdoff Title: Assistant City Manager Date- Oct 15,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ERCOT Membership Application and Agreement for Membership Year 2022 ERCOT Public Page 8 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Juanita Rigsby/O � Name of Employee/ Signature Energy Manager Title IJ This form is N/A as No City Funds are associated with this Contract Printed Name Signature PA,o°° °°O ° p odd 00000 °=d 0.00 o*mod APPROVED AS TO FORM AND LEGALITY: ATTESTED BY: ��� °°°°°°°°° a � nEX ASaAp Christopher K. Austria, Assistant City Attorney Ronald P. Gonzales, Acting City Secretary NO M&C REQUIRED <'-L' ," Steve 13,202108:04 CDT) Steve Cooke, Property Management Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX From: Burandoff, Dana To: Riasby,Juanita Subject: FW: 2022 ERCOT Membership Date: Friday,October 1,2021 2:11:18 PM Attachments: 2022 ERCOT Membership Application and Aareement.docx Juanita, Do you handle our membership? Thanks, Dana From: Membership [mailto:membership@ercot.com] Sent: Friday, October 1, 2021 1:55 PM To: Membership <membership@ercot.com> Subject: 2022 ERCOT Membership CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. THE RECORD DATE FOR VOTING IN THE 2022 ERCOT TAC REPRESENTATIVES ELECTIONS IS NOVEMBER 12, 2021 As a result of the Coronavirus-19 pandemic, ERCOT has reduced staff available onsite to receive, distribute, and manage incoming postal mail, deliveries, faxes on a daily basis. As such, ERCOT requests submission of: 1. All Annual Member Dues by wire transfer; and 2. All signed Applications for the 2022 Membership Year by email to Membership&ercot.com. Please see below for additional details. Announcement of Record Date for Annual Membership Meeting The announcement of the members of the Technical Advisory Committee (TAC) for the 2022 year will occur at the Fifty-first Annual Membership Meeting on December 14, 2021 (Annual Meeting). In accordance with the ERCOT Bylaws, the Record Date for 2022 ERCOT Corporate Members to vote on matters brought before the Corporate Members at the Annual Meeting is Friday, November 12, 2021 . Your entity would have to be approved in writing by ERCOT as a Corporate Member for the Membership Year 2022 no later than the Record Date of November 12, 2021 , in order to cast votes at the Annual Membership Meeting on December 14, 2021. Membership Applications for 2022 Membership Year Now Available ERCOT Membership terms are for no more than one Membership Year and do not renew automatically. The 2022 Membership Year begins on January 1 , 2022, and ends on December 31, 2022. In order to become an ERCOT Member for the 2022 Membership Year, an authorized representative of your entity must complete and sign the ERCOT Membership Application and Agreement (Application), pay the applicable Annual Member Dues, and receive electronic confirmation of approval from ERCOT. The Application may be filled out electronically and printed for signature. The Application for the 2022 Membership Year is attached. For the above-stated reasons in connection with the Coronavirus-19 pandemic, ERCOT requests submission of all signed Applications for the 2022 Membership Year by email to Membership&ercot.com. Membership Eligibility The Application provides Membership eligibility requirements in detail. Membership Voting Rights The ERCOT Bylaws provide for three types of Membership: Corporate, Associate and Adjunct. Only those who are approved as Corporate Members may cast votes at Membership meetings (such as, for the approval of amendments to the Certificate of Formation or the ERCOT Bylaws at Annual or Special Membership Meetings) and may cast votes to elect TAC Representatives. Associate and Adjunct Members have no such voting rights for any matters submitted to the general Membership. Annual Member Dues For the above-stated reasons in connection with the Coronavirus-19 pandemic, ERCOT requests submission of all Annual Member Dues by wire transfer. Contact ERCOT at membership&ercot.com for electronic funds transfer instructions. Please note that Annual Member Dues are payable as follows: Ir ember Dues (Bylaws Section 3.4) Annual Dues ($) Corporate (General) -Voting 2,000 • Residential Consumer - Corporate 100 • Office of Public Utility Counsel - Corporate Complimentary • Appointed Residential Consumer TAC Rep. - Complimentary Corporate • Commercial Consumer— Corporate 100 Associate (General) — Non-voting 500 • Residential Consumer—Associate 50 • Commercial Consumer—Associate 50 Adjunct — Non-voting 500 Any Member may request that the Member's Annual Member Dues be waived for good cause shown. Annual Member Dues are not prorated even if Membership is approved by ERCOT after the 2022 Membership Year has begun. Membership Election Rights Please note that both Corporate and Associate Memberships allow an employee or representative of your organization to be nominated for and elected to TAC and TAC subcommittees, but Adjunct Memberships have no such corresponding rights. Additional Information For more information or to obtain a copy of the ERCOT Bylaws and Certificate of Formation, please visit ERCOT's website at ittp://www.ercot.com/about/governance/ under the "Key Documents" section. Other related Membership information will also be posted for your review at the Membership Page on the ERCOT website at http://www.ercot.com/about/governance/members. If you have any questions, please contact Membership at membership&ercot.com. Please consider this notice an invoice for your entity's Annual Member Dues if you plan on submitting an Application for the 2022 Membership Year. Thank you in advance for your efforts to submit your Applications in a complete and timely manner. Nicole Rossero ercot Senior Paralegal 7620 Metro Center Drive,Austin TX 78744 sow Power. our pfo^ : O:512-225-7088 1 M: 508-498-5336 ATTENTION:The information contained in this email may be confidential and privileged. If you are not the intended recipient,please be notified that any use,review,distribution or copying of this email is strictly prohibited. If you have received this email by error,please delete it and notifythe sender immediately. Thank you.