HomeMy WebLinkAboutContract 58234 CSC No. 58234
ercot-
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.
MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2023
This Membership Application and Agreement for Membership Year 2023 (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
2023 (Effective Date). Please note that being registered as a Market Participant is
independent from being a Member. Membership is completely optional and does not
interfere with your Market Participant status.
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 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
ERCOT Membership Application and Agreement for Membership Year 2023 CITY SECRETARY
ERCOT Public FT. WORTH, TX
>[ 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.
❑ 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 2023. ERCOT has reduced staff
available onsite to receive, distribute, and manage incoming postal
mail, deliveries, faxes on a daily basis. As such, all Annual Member
Dues shall be submitted by wire transfer. Please contact ERCOT at
membership(a-)ercot.com for electronic funds transfer instructions.
ERCOT Membership Application and Agreement for Membership Year 2023
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.
X 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).
X 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 2023
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 2023
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(aVortworthtexas.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 2023
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 2023 begins on January 1 , 2023, and ends
on December 31 , 2023. The term of this Agreement begins on the Effective Date
and ends on December 31 , 2023.
3. Record Date. The record date for Membership Year 2023 is Friday,
November 18, 2022 (Record Date). Only applicants who have been approved as
Corporate Members for Membership Year 2023 as of the Record Date shall be
provided notice of the Annual Membership Meeting on December 20, 2022.
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 2023
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, all Annual Member Dues shall be
submitted by wire transfer and all signed Applications for Membership shall
be submitted 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.
9. Amendment. This Agreement may be amended, modified, superseded,
canceled, renewed, or extended and the terms and conditions hereof may be
ERCOT Membership Application and Agreement for Membership Year 2023
ERCOT Public Page 7
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
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Dana Burghdoff(Oct 12,20 0:29 CDT
Printed Name: Dana Burghdoff
Title: Assistant City Manager
Date: Oct 12, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ERCOT Membership Application and Agreement for Membership Year 2023
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/Juanita Rigsby(Oc 12,202216:50 CDT)
Name of Employee/ Signature
Energy Manager
Title
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APPROVED AS TO FORM AND LEGALITY: ATTESTED BY:
Jannette S.Goodall(Oc 13,2022t 16:42 CDT)
Christopher K.Austria,Assistant City Attorney Jannette Goodall, City Secretary
NO M&C REQUIRED
Stev�2,2022 14:41 CDT)
Steve Cooke, Property Management Director
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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Yr� 816 Congres Avenue,Suite 1900
JV Austin,Texas 78701
Gosselink 512.472.512. 2.0532 p
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r�••• ATTORNEYS AT LAW Iglawfirm.com
Mr.Brocato's Direct Line:(512)322-5857
Email: tbrocato@lglawfum.com
MEMORANDUM
TO: City and Other Political Subdivision Members of ERCOT
FROM: Thomas Brocato
DATE: October 4, 2022
RE: ERCOT Membership Renewal for 2023
The purpose of this memorandum is to recommend that your city or other political
subdivision renew its membership in the Electric Reliability Council of Texas ("ERCOT") for
2023. For the reasons we detail below, an ERCOT membership continues to be a straightforward
and cost-effective way for your city to influence electric policy in Texas, and we recommend that
you submit your ERCOT membership renewal application and fee by Friday,November 18,
2022. The membership fee is $100 per year.
WHAT is ERGOT?
ERCOT is the entity that is responsible for operating the electric grid in the deregulated
portion of Texas. Furthermore,ERCOT maintains the set of complicated rules that frame the way
that electricity is bought and sold in the deregulated wholesale market. Through a process of
negotiation and deliberation within committees of interested parties, the ERCOT stakeholder
process is constantly reviewing and revising these rules,known as the ERCOT protocols. Most of
the issues addressed at ERCOT are addressed nowhere else—the Public Utility Commission has
largely delegated these issues to the ERCOT stakeholder process.
WHAT ROLE DO CITIES PLAY IN THE ERCOT PROCESS?
Consumers, such as cities and other political subdivisions, have a voice in ERCOT's
decision-making process. Each segment of the ERCOT market has a vote on issues before
ERCOT, through its representatives on the Technical Advisory Committee ("TAC"), the
Wholesale Market Subcommittee ("WMS"), and the Retail Market Subcommittee ("RMS").
TAC,WMS, and RMS are the bodies responsible for making the most important decisions
about the detailed workings of the ERCOT market. These decisions can have bottom-line impacts
on electricity prices. A total of 137 cities and other political subdivisions joined ERCOT in 2022.
With this membership strength, cities successfully elected two city representatives to TAC and
one director to ERCOT's Board of Directors for 2022. A strong contingent of city members would
make continuation of this strong presence likely for 2023.
As you know, consumers in ERCOT face constant efforts by power generators and power
marketers to modify the electricity market in ways that would increase prices. In 2023, ERCOT
and the PUC will continue their work on several major market redesign initiatives. As a result,
Cities' presence in the ERCOT process as a voice for consumers continues to be important.
Lloyd Gosselink Rochelle&Townsend,PC
October 4, 2022
Page 2
WHAT DOES AN ERCOT MEMBERSHIP REQUIRE?
It is not difficult to renew your ERCOT membership. A simple form is required, along
with payment of a$100 membership fee. Below,you will find a guide to complete the form. We
are also available to assist you;please feel welcome to call me(Thomas Brocato)at 512-322-5857,
or email me at tbrocato@lglawfirm.com.
In order to vote for candidates for the 2023 TAC, WMS, and RMS, please send your
renewal application and $100 fee to ERCOT by Friday,November 18, 2022.
In completing the attached form, please note the following:
• Only corporate members may vote in ERCOT matters. hi response to Question No. A.2
on the form, we recommend that cities renew as Corporate, rather than Associate,
members.
• On the following list of member cities, you can see which Consumer segment (Small or
Large Commercial) your city joined in for 2022. We recommend that you choose the
same segment on Question No.A.4 when renewing your membership for 2023. Please
call me(Thomas Brocato)at 512-322-5857,or email me at tbrocato@lglawfirm.com if you
have any questions about this.
• For corporate members in the Small or Large Commercial Consumer Segment,the renewal
fee is $100. The form designates how the payment is to be made in paragraph A.3.
• In response to Question No.A.5,please designate as your authorized representative an
employee of your city that can receive notices from ERCOT. ERCOT contacts its members
very rarely; this person will not be inundated with emails, but may be asked to vote on
important issues from time-to-time. Please also designate an alternate representative.
During the coming year,please feel free to forward anything you receive from ERCOT to
me at the email address above.
• There is no need to answer Question No.A.6, as it is not relevant to cities' memberships
in ERCOT.
• Item A.3 on the form states you must still send the$100 fee to ERCOT by wire transfer.
ERCOT is NOT accepting credit card or check payments this year. The electronic funds
transfer instructions are attached to this memo. If payment by wire presents a difficulty for
you, please contact me (Thomas Brocato)by email at tbrocato@lglawfirm.com.
• After you have sent your application to ERGOT,please forward a copy of your application
to us at tbrocato@lglawfirm.com and pestrada@lglawfirm.com. This will help us track
pending applications, and will allow us to follow up with ERCOT if issues arise.
Please feel free to call or email us if you have any questions in completing the form or
about ERCOT in general.
1669/15/8485942
Lloyd Gosselink Rochelle&Townsend,PC
ERCOT Master List of Members -Large and Small Commercial Consumers (137 Total)
1. Alamo 51. Harlingen Housing Authority 101. Robinson
2. Allen 52. Haslet 102. Rockport
3. Aquilla Water Supply District 53. Hewitt 103. Rockwall
4. Aransas County MUD No. 1 54. Highland Park 104. Rotan
5. Arlington 55. Honey Grove 105. Rowlett
6. Bedford 56. Houston 106. Sachse
7. Bellmead 57. Howe 107. Saginaw
8. Benbrook 58. Hurst 108. Seadrift
9. Beverly Hills 59. Hutto 109. Seagoville
10. Big Spring 60. Ingleside 110. Sierra Club
11. Breckenridge 61. Irving 111. Snyder
12. Brownwood 62. Johnson Co. SUD 112. South Texas Water Authority
13. Buffalo 63. Jolly 113. Spring Valley Village
14. Burkburnett 64. Josephine 114. Springtown
15. Caddo Mills 65. Justin 115. Sugar Land
16. Canton 66. Keller 116. Sulphur Springs
17. Carrollton 67. Kennedale 117. Sunnyvale
18. Cedar Hill 68. Kerens 118. Sweetwater
19. Centerville 69. Killeen 119. Taylor Lake Village
20. Clear Lake Shores 70. Kingsville 120. Temple
21. Cleburne 71. La Feria 121. Texas City
22. Clyde 72. Laguna Vista 122. The Colony
23. Colleyville 73. Lake Worth 123. Trophy Club
24. Coppell 74. Lakeside 124. Venus
25. Copperas Cove 75. Lancaster 125. Vernon
26. Corinth 76. Lewisville 126. Victoria
27. Corpus Christi 77. Lorena 127. Waco
28. Crowley 78. McAllen 128. Watauga
29. Dallas 79. McKinney 129. Waxahachie
30. Dalworthington Gardens 80. Mercedes 130. Webster
31. Decatur 81. Mesquite 131. Weston Lakes
32. Denison 82. Midlothian 132. Westover Hills
33. Dilley 83. Mont Belvieu 133. Wharton
34. Early 84. Morgan's Point 134. White Settlement
35. Eastland 85. Murchison 135. Wichita Falls
36. Ennis 86. Nassau Bay 136. Woodway
37. Euless 87. North Richland Hills 137. Wylie
38. Farmers Branch 88. Northlake
39. Fate 89. O'Donnell
40. Flower Mound 90. Oak Point
41. Forney 91. Odessa
42. Fort Worth 92. Ovilla
43. Frisco 93. Paris
44. Fulton 94. Piney Point Village
45. Gainesville 95. Plano
46. Glenn Heights 96. Port Lavaca
47. Grand Prairie 97. Portland
48. Grapevine 98. Pottsboro
49. Hamilton 99. Richland Hills
50. Harker Heights 100. River Oaks
1669/15/8350344 2022.03.23
TA
ercot Tayl 2705 AUSTIN
West Lake Dr. 8000 Metropolis Dr.
Taylor, Texas 76574 Bldg.E,Suite 100
Your Power.Our Promise. T:512-248-3000 Austin, Texas 78744
T 512-225-7000
ercot.com
ERCOT Banking Information
Type of
Payment Bank Wire ACH Account
Type of Fee Accepted Name* Routing Routing Account Name Number
ERCOT Fees:
Membership and MP JPMorgan Electric Reliability Council of
Registration Wire, ACH Chase 021000021 111000614 Texas, Inc. Fees Account 754360246
** Please note the name of the Member entity on the wire transaction so the 2023 Membership
Dues will be applied to the correct Member. **
*JPMorgan address is:
221 W. 60, Street
Austin,TX 78701
ERCOT has provided its banking information with appropriate signature on ERCOT letterhead and
W-9, at this time,will not complete any additional forms which require any other information or
signatures from ERCOT.
For verbal confirmations, please contact ERCOT at (512) 225-7000, ask for Daniel Guerrero,
Treasury Analyst, or email treasur)r(dercot.com.
Thank you,
Leslie Wiley
ERCOT Treasurer