(a) Application. This section applies to an electric utility, transmission and distribution utility, power generation company (PGC), municipally owned utility, electric cooperative, and retail electric provider (REP), and to the Electric Reliability Council of Texas (ERCOT).
(b) Definitions.
  (1) Annex -- a section of an emergency operations plan that addresses how an entity plans to respond in an emergency involving a specified type of hazard or threat.
  (2) Drill -- an operations-based exercise that is a coordinated, supervised activity employed to test an entity's EOP or a portion of an entity's EOP. A drill may be used to develop or test new policies or procedures or to practice and maintain current skills.
  (3) Emergency -- a situation in which the known, potential consequences of a hazard or threat are sufficiently imminent and severe that an entity should take prompt action to prepare for and reduce the impact of harm that may result from the hazard or threat. The term includes an emergency declared by local, state, or federal government, or ERCOT or another reliability coordinator designated by the North American Electric Reliability Corporation and that is applicable to the entity.
  (4) Entity -- an electric utility, transmission and distribution utility, PGC, municipally owned utility, electric cooperative, REP, or ERCOT.
  (5) Hazard -- a natural, technological, or human-caused condition that is potentially dangerous or harmful to life, information, operations, the environment, or property, including a condition that is potentially harmful to the continuity of electric service.
  (6) Threat -- the intention and capability of an individual or organization to harm life, information, operations, the environment, or property, including harm to the continuity of electric service.
(c) Filing requirements.
  (1) An entity must file an emergency operations plan (EOP) and executive summary under this section by April 15, 2022. Notwithstanding the foregoing, a municipally owned utility must provide its EOP and executive summary in the manner prescribed by the commission in this paragraph no later than June 1, 2022. Each individual entity is responsible for compliance with the requirements of this section. An entity filing a joint EOP or other joint document under this section on behalf of one or more entities over which it has control is jointly responsible for each entity's compliance with the requirements of this section.
    (A) An entity must file with the commission:
      (i) an executive summary that:
        (I) describes the contents and policies contained in the EOP;
        (II) includes a reference to specific sections and page numbers of the entity's EOP that correspond with the requirements of this rule;
        (III) includes the record of distribution required under paragraph (4)(A) of this subsection; and
        (IV) contains the affidavit required under paragraph (4)(C) of this subsection; and
      (ii) a complete copy of the EOP with all confidential portions removed.
    (B) For an entity with operations within the ERCOT power region, the entity must submit its unredacted EOP in its entirety to ERCOT.
    (C) ERCOT must designate an unredacted EOP submitted by an entity as Protected Information under the ERCOT Protocols.
    (D) An entity must make its unredacted EOP available in its entirety to commission staff on request at a location designated by commission staff.
    (E) An entity may file a joint EOP on behalf of itself and one or more other entities over which it has control provided that:
      (i) the executive summary required under subparagraph (A)(i) of this paragraph identifies which sections of the joint EOP apply to each entity; and
      (ii) the joint EOP satisfies the requirements of this section for each entity as if each entity had filed a separate EOP.
    (F) An entity filing a joint EOP under subparagraph (E) of this paragraph may also jointly file one or more of the documents required under paragraph (4) of this subsection provided that each joint document satisfies the requirements for each entity to which the document applies.
    (G) An entity that is required to file similar annexes for different facility types under subsection (e) of this section, such as a pandemic annex for both generation facilities and transmission and distribution facilities, may file a single combined annex addressing the requirement for multiple facility types. The combined annex must conspicuously identify the facilities to which it applies.
  (2) A person seeking registration as a PGC or certification as a REP must meet the filing requirements under paragraph (1)(A) of this subsection at the time it applies for registration or certification with the commission and must submit the EOP to ERCOT if it will operate in the ERCOT power region, no later than ten days after the commission approves the person's registration or certification.
  (3) An entity must continuously maintain its EOP. Beginning in 2023, an entity must annually update information included in its EOP no later than March 15 under the following circumstances:
    (A) An entity that in the previous calendar year made a change to its EOP that materially affects how the entity would respond to an emergency must:
      (i) file with the commission an executive summary that:
        (I) describes the changes to the contents or policies contained in the EOP;
        (II) includes an updated reference to specific sections and page numbers of the entity's EOP that correspond with the requirements of this rule;
        (III) includes the record of distribution required under paragraph (4)(A) of this subsection; and
        (IV) contains the affidavit required under paragraph (4)(C) of this subsection;
      (ii) file with the commission a complete, revised copy of the EOP with all confidential portions removed; and
      (iii) submit to ERCOT its revised unredacted EOP in its entirety if the entity operates within the ERCOT power region.
    (B) An entity that in the previous calendar year did not make a change to its EOP that materially affects how the entity would respond to an emergency must file with the commission:
      (i) a pleading that documents any changes to the list of emergency contacts as provided under paragraph (4)(B) of this subsection;
      (ii) an attestation from the entity's highest-ranking representative, official, or officer with binding authority over the entity stating the entity did not make a change to its EOP that materially affects how the entity would respond to an emergency; and
      (iii) the affidavit described under paragraph (4)(C) of this subsection.
    (C) An entity must update its EOP or other documents required under this section if commission staff determines that the entity's EOP or other documents do not contain sufficient information to determine whether the entity can provide adequate electric service through an emergency. If directed by commission staff, the entity must file its revised EOP or other documentation, or a portion thereof, with the commission and, for entities with operations in the ERCOT power region, with ERCOT.
    (D) ERCOT must designate any revised unredacted EOP submitted by an entity as Protected Information under the ERCOT Protocols.
    (E) An entity must make a revised unredacted EOP available in its entirety to commission staff on request at a location designated by commission staff.
    (F) The requirements for joint and combined filings under paragraph (1) of this subsection apply to revised joint and revised combined filings under this paragraph.
  (4) In accordance with the deadlines prescribed by paragraphs (1) and (3) of this subsection, an entity must file with the commission the following documents:
    (A) A record of distribution that contains the following information in table format:
      (i) titles and names of persons in the entity's organization receiving access to and training on the EOP; and
      (ii) dates of access to or training on the EOP, as appropriate;
    (B) A list of primary and, if possible, backup emergency contacts for the entity, including identification of specific individuals who can immediately address urgent requests and questions from the commission during an emergency; and
    (C) An affidavit from the entity's highest-ranking representative, official, or officer with binding authority over the entity affirming the following:
Cont'd...