ERCOT claims it’s a public agency immune from lawsuits, while also claiming it’s not a public entity

[thackney]

ERCOT claims it’s a public agency immune from lawsuits, while also claiming it’s not a public entity required to release records
https://www.wfaa.com/article/news/local/investigates/lack-of-government-transparency-in-power-grid-failure-leaves-public-out-in-the-cold/287-b13a9814-b41b-4665-bb39-534291853fa7
June 15, 2021

...WFAA’s investigative team has received dozens of denial letters from power companies and the Electric Reliability Council of Texas (ERCOT), the state's power grid manager. Each object to releasing information that would give insight to the public on the reasons behind the power grid failure.


The reasons? They say releasing the information requested by WFAA and other media would reveal things like "trade secrets" or “would cause substantial competitive harm."

“The fact that you can't know what's going on is problematic,” said Arif Panju, a board member of the Transparent and Accountable Government Coalition (TAG). “For people at home, they want answers. and the easiest way to get those answers is with the Public Information Act.”...

...The Texas Public Information Act allows the public to see what state government is up to. As long as the entity that holds the information is considered a public entity, any member of the public can request public information such as the government's emails, budgets, audits....

[HoustonSam]

The reasons? They say releasing the information requested by WFAA and other media would reveal things like "trade secrets" or “would cause substantial competitive harm."

I thought power generation technologies, while advanced, are also standardized.  What "trade secrets" does one combined cycle plant need to withhold from another?  Do these places file process patents on what they do?  Are electrons from a windmill better than electrons from a gas-burning plant, so we need a secret electron recipe for a windmill?

[thackney]

I thought power generation technologies, while advanced, are also standardized. 

No, but I do not understand what information ERCOT would have that would be considered "trade secrets".

Design of the power turbine and other items by GE or the like would be a trade secret.  But that is not the information sent to ERCOT by the power generators.

What "trade secrets" does one combined cycle plant need to withhold from another?  Do these places file process patents on what they do?  Are electrons from a windmill better than electrons from a gas-burning plant, so we need a secret electron recipe for a windmill?

Certainly not the electrons.  Operating practices maybe more of a competitive market advantage, maybe???

[HoustonSam]

No, but I do not understand what information ERCOT would have that would be considered "trade secrets".

Design of the power turbine and other items by GE or the like would be a trade secret.  But that is not the information sent to ERCOT by the power generators.

Certainly not the electrons.  Operating practices maybe more of a competitive market advantage, maybe???

Thanks, the distinction you draw - details of equipment/operations versus information shared with ERCOT - makes sense and furthers my education.

[IsailedawayfromFR]

It is my belief that Ercot failed miserably in its fundamental mission to provide reliability to the Texas power grid.

Its obvious emphasis for years on achieving ever increasing entry into the grid of renewables is that weakness as it most decidedly did not increase grid reliability.

And it is afraid that those requested documents will reveal it failed in its mission not because of the hand of God like they suggest but because they did not do their jobs.