HomeMy WebLinkAboutContract 52936-R1 e rc o t1 CSC No. 52936- Rl
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.
MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2021
This Membership Application and Agreement for Membership Year 2021 (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 2021 (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
FT.WORTH, TX
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 1
® 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 Board
Directors, election of Technical Advisory Committee (TAC) Representatives
and TAC subcommittees, and amendments to the Certificate of Formation
(formerly known as the Articles of Incorporation) and the ERCOT Bylaws.
Residential Consumer Members do not elect a Director to represent the
Residential Consumer interests as the Public Counsel is mandated to
represent these interests as an ex officio Director on the Board. The Office
of Public Utility Counsel (OPUC) and the appointed Residential Consumer
TAC Representative shall be eligible to be Corporate Members without the
payment of Annual Member Dues.
❑ 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 the Board, 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 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 the Board, 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 2021 . As a result of the Coronavirus-
19 pandemic, ERCOT has implemented a mandatory work-from-home
policy for all ERCOT staff not required to be on site to fulfill ERCOT's
functions. During this time, ERCOT has reduced staff available 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. Contact ERCOT at
membership(a-)-ercot.com for electronic funds transfer instructions.
ERCOT Membership Application and Agreement for Membership Year 2021
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.
The three Consumer Directors of the Board have the right to
determine Applicant eligibility in the Residential and Commercial
Subsegments as provided in the ERCOT Bylaws.
❑ 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,
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 3
(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.
❑ 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.
❑ 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 Public Utility Commission
of Texas (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.
❑ 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.
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 4
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(aD_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: Roger M. Venables
Title: Assistant Property Management Director
Address: 900 Monroe St, Suite 400
City, State, Zip: Fort Worth, TX 76102
Phone: 817.392.6334
Email: roger.venables(cDfortworthtexas._gov
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:
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 5
(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 2021 begins on January 1 , 2021 , and ends
on December 31 , 2021 . The term of this Agreement begins on the Effective Date
and ends on December 31 , 2021 .
3. Record Date. The record date for Membership Year 2021 is Friday,
November 6, 2020 (Record Date). Only applicants who have been approved as
Corporate Members for Membership Year 2021 as of the Record Date shall be
eligible to cast votes at the Annual Membership Meeting on December 8, 2020,
including votes to confirm the 2021 ERCOT Board of Directors who serve from
January 1 , 2021 , through December 31 , 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.
5. Application for Membership. Applicant must submit the following items in
order to apply for Membership:
(i) Payment of the applicable Annual Member Dues; and
(ii) A copy of this Agreement, signed by an authorized representative of
Applicant.
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 6
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@ercot.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(cD_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
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:
ERCOT Membership Application and Agreement for Membership Year 2021
ERCOT Public Page 7
(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; and
(iii) The signatory for Applicant is a representative authorized by Applicant with
authority to bind Applicant contractually,
(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 Public Utility Commission of Texas
or applicable law.
APPLICANT
City of Fort Worth
By: Dana Burghdoff(.O 5,2026&16 CDT)
Printed Name: Dana Burghdoff
Title: Assistant City Manager
Date: 10/05/2020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
ERCOT Membership Application and Agreement for Membership Year 2021
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.
Samuel C. Steele/
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Name of Employee/Signature
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Title
❑ This form is N/A as No City Funds are associated with this Contract
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Christopher A stria(Oct 16,202016:25 CDT) for Ronald P.Gonzales(Oct 16,202016:27 CDT)
Christopher K. Austria, Assistant City Attorney Mary J. Kayser, City Secretary
NO M&C REQUIRED
--:4—
Roger M. Venables, Assistant Director
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Lloyd 816 Congress Avenue,Suite 1900
Austin,Texas 78701
Gosselink Telephone: ( 322-5800
„ Facsimile: (512)12)472-0532
ATTORNEYS AT LAW
www.lglawfirm.com
Mr.Brewster's Direct Line:(512)322-5831
Email: cbrewster ,lylawfirm.com
Fax: (512)472-0532
MEMORANDUM
TO: City and Other Political Subdivision Members of ERCOT
FROM: Chris Brewster
DATE: October 2, 2020
RE: ERCOT Membership Renewal for 2021
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 2021. 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 6, 2020. 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 ERGOT 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 ERGOT,
through its representatives on the Technical Advisory Committee ("TAC") and the Board of Directors
("Board").
TAC and the Board 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 125 cities and other political subdivisions joined ERCOT in 2020. With this
membership strength, cities successfully elected two city representatives to TAC and one director to
ERCOT's Board of Directors for 2021. A strong contingent of city members would make continuation
of this strong presence likely for 2021.
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 2021, 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, P.C.
ERCOT Member Cities
October 2, 2020
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. In the pages that follow, you find a guide to completion of the form.
We are also available to assist you; please feel welcome to call me (Chris Brewster)at my phone number
at the top of this memorandum, or email me at cbrewster@lglawfirm.com.
In order to vote for candidates for the 2021 Technical Advisory Committee and the Board of
Directors, ERCOT must receive your renewal application and $100 fee by Friday,
November 6,2020.
In completing the attached form, please note the following:
• Only corporate members may vote in ERCOT matters. In response to Question No. A.2 on the
form, we recommend that cities renew as Corporate, rather than associate, members. [for your
convenience, we have already checked this option]
• On the following list of member cities, you can see which Consumer segment (Small or Large
Commercial)your city joined in for 2020. We recommend that you choose the same segment
on Question No. A.4 when renewing your membership for 2021. Please call me (Chris
Brewster) at 512-402-4311 (or email: cbrewster@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. 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
ERGOT.
• Item A.3 on the form states the address at which to mail the form to ERGOT, but this can also
be done by email: membership@ercot.com. Please note that if you submit your application
via email, you must still send the $100 fee to ERCOT by wire transfer. Due to precautions
in place related to COVID-19, ERCOT is requiring submission of all Annual Member Dues by
wire transfer; ERCOT is NOT accepting credit card or check payments this year. Contact
ERCOT at membership@ercot.com for electronic funds transfer instructions. If payment by
wire presents a difficulty for you, please contact Chris Brewster by email at
cbrewster(Llglawfirm.com, or at (512) 402-4311.
• After you have sent your application to ERCOT, please forward a copy of your application to us
at cbrewster@lglawfirm.com or fax (512) 472-0532. 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.
8130889
ERCOT Member Cities
October 2, 2020
Page 3
SMALL COMMERCIAL 54. City of Seagoville 107. City of Seadrift
1. Aransas Co. Municipal Utility 55. City of Simonton 108. City of Stephenville
District No. 1 56. City of Snyder 109. City of Sugar Land
2. City of Benbrook 57. City of Springtown 110. City of Sulphur Springs
3. City of Breckenridge 58. City of Texas City 111. City of Sweetwater
4. City of Bridgeport 59. City of Webster 112. City of Taylor Lake Village
5. City of Burkburnett 60. City of Weston Lakes 113. City of Temple
6. City of Cedar Hill 61. City of Wharton 114. City of The Colony
7. City of Celina 62. City of White Settlement 115. City of Tyler
8. City of Clear Lake Shores 63. City of Woodway 116. City of Vernon
9. City of Colleyville 64. City of Wylie 117. City of Victoria
10. City of Colorado City 65. Town of Fulton 118. City of Waco
11. City of Copperas Cove 66. Town of Highland Park 119. City of Watauga
12. City of Corinth 67. Town of Laguna Vista 120. City of Waxahachie
13. City of Crowley 68. Town of Lakeside 121. City of Wichita Falls
14. City of Dalworthington Gardens 69. Town of Prosper 122. Housing Authority of the City of
15.. City of De Soto 70. Town of Trophy Club Harlingen dba Harlingen
16. City of Dublin LARGE COMMERCIAL Housing Authority
17. City of Duncanville 71. Aquilla Water Supply District 123. Johnson County Special Utility
18. City of Early 72. City of Alamo District
19. City of Eastland 73. City of Allen 124. South Texas Water Authority
20. City of Ennis 74. City of Arlington 125. Town of Flower Mound
21. City of Everman 75. City of Bedford
22. City of Fate 76. City of Bellmead
23. City of Frisco 77. City of Brownwood
24. City of Glenn Heights 78. City of Canton
25. City of Hamilton 79. City of Carrollton
26. City of Harker Heights 80. City of Cleburne
27. City of Haslet 81. City of Coppell
28. City of Hewitt 82. City of Corpus Christi
29. City of Howe 83. City of Dallas
30. City of Ingleside 84. City of Decatur
31. City of Josephine 85. City of Denison
32. City of Keller 86. City of Euless
33. City of Krum 87. City of Farmers Branch
34. City of La Feria 88. City of Fort Worth
35. City of La Marque 89. City of Grand Prairie
36. City of Lake Worth 90. City of Grapevine
37. City of Lancaster 91. City of Houston
38. City of Lorena 92. City of Irving
39. City of Morgan's Point 93. City of Killeen
40. City of Murchison 94. City of Kingsville
41. City of Oak Point 95. City of Lake Jackson
42. City of Ovilla 96. City of Lewisville
43. City of Paris 97. City of McAllen
44. City of Piney Point Village 98. City of Mercedes
45. City of Point Comfort 99. City of Mesquite
46. City of Portland 100. City of Midlothian
47. City of Pottsboro 101. City of Mont Belvieu
48. City of Rhome 102. City of North Richland Hills
49. City of River Oaks 103. City of Odessa
50. City of Rotan 103. City of Richland Hills
51. City of Rowlett 104. City of Robinson
52. City of Sachse 105. City of Rockport
53. City of Saginaw 106. City of San Angelo
8130889