UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
New York Independent System Operator, Inc.)Docket No. ER16-120-00_
MOTION FOR EXTENSION OF COMPLIANCE FILING DEADLINE
AND FOR EXPEDITED COMMISSION ACTION
OF THE NEW YORK INDEPENDENT SYSTEM OPERATOR, INC.
In accordance with Rules 212 and 2008 of the Commission’s Rules of Practice and
Procedure,1 the New York Independent System Operator, Inc. (“NYISO”) respectfully requests that the Commission grant a 30-day extension of the compliance filing deadline in this
proceeding.2 The filing is currently due on December 16, 2017. It would be filed not later than January 16, 2018 if the requested extension is granted.3
The NYISO further requests that the standard five-day period for answering motions for
extension of time established under Rule 213(d)(1)(i) apply to this filing.4 Finally, the NYISO
asks that the Commission act expeditiously to grant the requested extension no later than
December 5, 2017, so that the NYISO will know with certainty when its compliance filing is
due.
The Commission’s November 16, 2017 Order in this proceeding (“November Order”)
directed the NYISO to submit a number of revisions to the proposed “reliability must run”
(“RMR”) requirements in its Open Access Transmission Tariff (“OATT”) and Market
1 18 C.F.R. §§ 385.212 and 2008 (2015).
2 Capitalized terms that are not otherwise defined in this filing letter shall have the meaning specified in
Attachment FF of the NYISO OATT, and if not defined therein, in the NYISO OATT and the NYISO Services
Tariff.
3 The 30th day after December 16, 2017 is January 15, 2018. Because January 15 is a federal holiday, Martin Luther King, Jr. Day, granting a 30-day extension would make the compliance filing due on January 16, 2018 pursuant to 18 C.F.R. 385.2007 (2015).
4 18 C.F.R. § 385.213(d)(1)(i) (2015).
Administration and Control Area Services Tariff (“Services Tariff”) within a 30-day period.5
There is “good cause” for granting a 30-day extension. As discussed below, the NYISO is acting diligently to address the Commission’s directives. However, the NYISO requires additional time to adequately consider the Commission’s directives, to develop compliance revisions that
address the directives, and to allow NYISO stakeholders an opportunity to review and provide
feedback. Granting the requested extension will provide the NYISO with the time it needs to
develop the required compliance revisions and review them with its stakeholders. The requested brief extension will not delay the implementation of the RMR rules accepted by the Commission or prejudice any party’s interests.
I.Communications
Communications and correspondence regarding this filing should be directed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs
*Alex M. Schnell, Assistant General Counsel/
Registered Corporate Counsel
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com
aschnell@nyiso.com
* Persons designated for service.6
*Ted J. Murphy
Hunton & Williams LLP 2200 Pennsylvania Avenue Washington, D.C. 20037 Tel: (202) 955-1500
Fax: (202) 778-2201
tmurphy@hunton.com
*Michael J. Messonnier, Jr. Hunton & Williams LLP 951 E. Byrd Street
Richmond, VA 23219
Fax: (804) 344-7999
mmessonnier@hunton.com
5 New York Indep. Sys. Operator, Inc., Order On Compliance and Rehearing, 161 FERC ¶ 61,189 at P 11 (2017) (“November Order”).
6 The NYISO respectfully requests waiver of 18 C.F.R. § 385.203(b)(3) (2015) to permit service on counsel for the NYISO in both Washington, D.C. and Richmond, VA.
2
II.Background
In its November Order, the Commission accepted in large part the NYISO’s second
compliance filing to establish RMR requirements in its tariff in accordance with the
Commission’s February 19, 2015, and April 21, 2016, orders in this proceeding.7 The
Commission also directed the NYISO to submit a number of revisions in a further compliance filing within 30 days.8 Specifically, the November Order directed the NYISO to revise its
OATT and Services Tariff to:
(1) clarify that a developer may propose generator solutions to a reliability need that are not-market based, or that involve generators that are currently mothballed or in an ICAP ineligible forced outage9;
(2) revise the anti-toggling mechanism to require repayment of above-market revenues
that exceed an RMR generator’s going-forward costs for RMR service and to allow RMR
generators that accepted an APR to retain their availability and performance incentives10;
(3) revise the anti-toggling mechanism to require repayment of either capital expenditures or above-market revenues in the shorter of thirty-six months or twice the duration of the applicable RMR agreement11;
(4) revise the anti-toggling mechanism to make two technical corrections to calculations12; and
(5) clarify which reliability solutions the NYISO will include in its base case for assessment of reliability needs.13
III. Request for Extension of Compliance Filing Deadline
The NYISO respectfully requests that the Commission grant a 30-day extension, i.e.,
until January 16, 2018, to submit the compliance filing required by the November Order. Rule
7 See New York Indep. Sys. Operator, Inc., 150 FERC ¶ 61,116 (2015); New York Indep. Sys. Operator, Inc., 155 FERC ¶ 61,076 (2016).
8 November Order at P. 11.
9 Id. at P 49.
10 Id. at PP 82-85.
11 Id. at P 86
12 Id. at P 87.
13 Id. at P 93.
3
2008 authorizes the Commission to extend any deadline, including one imposed by a
Commission compliance directive, before it expires if a requesting party demonstrates that there is “good cause” to do so. As described below, good cause exists for the Commission to grant this short extension.
The NYISO is working diligently to address the directives in the November Order.
However, the NYISO needs additional time to adequately consider the directives and to develop
compliance revisions that fully address them within the context of the complete RMR process,
particularly the development and application of the revised anti-toggling requirements. NYISO
also proposes to provide an opportunity for stakeholder review and feedback on the compliance
changes. Providing an opportunity for stakeholder review may enable the NYISO to avoid
disputes that might otherwise be presented to the Commission. Granting the requested extension
will also provide the NYISO with an enhanced opportunity to obtain input from the independent
Market Monitoring Unit while developing the tariff revisions to comply with the November
Order.
The NYISO recognizes the importance that the Commission places on timely and
complete compliance with its orders but believes that a 30-day extension is both necessary and reasonable. The requested extension will permit the NYISO to submit a well-developed and fully supported compliance filing, and to minimize stakeholder protests.
The requested extension will not delay the implementation of the RMR rules accepted by the Commission. In addition, the NYISO does not believe that the proposed extension will
prejudice any party’s interests. The NYISO is not aware of any stakeholder opposition to the
requested extension.
4
Finally, the NYISO requests that the Commission apply the standard five-day answer period for motions for extensions of time and act expeditiously to grant the requested extension by December 5, 2017. Commission action by that date will provide certainty regarding the NYISO’s compliance timetable.
IV.Conclusion
WHEREFORE, for the foregoing reasons, the NYISO respectfully requests that the
Commission grant a 30-day extension to the compliance filing deadline in the above-captioned proceeding so that the NYISO may submit its compliance tariff and agreement revisions no later than January 16, 2018. The NYISO also respectfully requests that the Commission issue an
order granting the requested extension by no later than December 5, 2017.
Respectfully submitted,
/s/ Alex M. Schnell
Alex M. Schnell
Assistant General Counsel/Registered Corporate
Counsel
New York Independent System Operator, Inc.
November 21, 2017
cc:Michael Bardee
Anna Cochrane
James Danly
Jette Gebhart
Kurt Longo
David Morenoff
Daniel Nowak
Larry Parkinson
J. Arnold Quinn
Douglas Roe
Kathleen Schnorf Gary Will
5
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing document upon each person
designated on the official service list compiled by the Secretary in this proceeding in accordance with the requirements of Rule 2010 of the Rules of Practice and Procedure, 18 C.F.R. §385.2010.
Dated at Rensselaer, NY this 21st day of November 2017.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207
