10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL
INFORMATION. REPORT SECTIONS II AND III DO NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL INFORMATION. THE BODY OF REPORT AND ATTACHMENT II, AND ATTACHMENTS V THROUGH VII DO NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. ATTACHMENT I, ATTACHMENT III AND
ATTACHMENT IV CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION, AND ARE CLEARLY MARKED.
December 18, 2015
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: Annual Report in Docket Nos. ER01-3001-000, ER03-647-000 and
Request for Privileged Treatment of Attachments I, III, and IV
Dear Ms. Bose:
Enclosed for filing in the above-referenced dockets is the New York Independent System
Operator, Inc.’s (“NYISO’s”) Annual Installed Capacity Report on the NYISO’s Capacity Market,
Possible Withholding, New Generation Projects, and Net Revenue Analysis (the “Report”).1 By Order dated February 3, 2010, the Commission directed the NYISO to file this report for informational
purposes only.2
I. List of Documents Submitted
The NYISO submits with this letter, and the below request for confidential treatment, a public version of the Report, with Attachment I, III, and IV redacted. Separately, the NYISO is submitting as confidential Attachments I, III and IV (the “Confidential Attachments”).
As with prior annual Installed Capacity Reports, the Report is comprised of the following
separate sections: Section I: Capacity Market Report and Withholding Analysis, Section II: Report on New Generation Projects, and Section III: New Generation Projects and Net Revenue Analysis.
II. Request for Confidential Treatment of Attachments I, III, and IV
1 New York Indepen. Sys. Operator, Inc., 117 FERC ¶ 61,086 (2006); New York Indepen. Sys. Operator, Inc., 103 FERC ¶ 61,201 (2003), 108 FERC ¶ 61,280 (2004), 121 FERC ¶ 61,090 (2007), 123 FERC ¶ 61,206 (2008). In Docket ER03-647, the NYISO files an annual report regarding its Demand Side Management
programs on January 15, and a semi-annual report on its Demand Side Management programs and new
generation projects on June 15 each year.
2 New York Indepen. Sys. Operator, Inc., Order, Docket Nos. ER01-3001 and ER03-647 (Feb. 3, 2010).
Kimberly D. Bose, Secretary December 18, 2015
Page 2
In accordance with Sections 388.107 and 388.112 of the Commission’s Regulations,3 Article 6
of the NYISO’s Market Administration and Control Area Services Tariff, Sections 1.0(4) and 4.0 of
the NYISO’s Code of Conduct, the NYISO requests Privileged and Confidential treatment of the
contents of the Confidential Attachments. The NYISO also requests that the Confidential Attachments
be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. §522.4
The Confidential Attachments contain privileged and commercially sensitive, and trade secret information that is not made public by the NYISO and that could cause competitive harm to the
affected Market Participants,5 and could adversely affect competition in the markets administered by the NYISO, if publicly disclosed. This information includes the identity of Installed Capacity
Suppliers and their respective offering behavior, and the basis therefor. This confidential,
commercially sensitive information, is exempt from disclosure under 5 U.S.C. §522(b)(4). For this reason, the NYISO requests that the contents of Confidential Attachments receive Privileged and Confidential treatment and be exempt from FOIA disclosure.
A public version of the contents of Attachment I is set forth in Report Section 1.5.4.2. A public version of Confidential Attachment III, summarizing and masking the contents of Attachment III, is included in the Report as Attachment II. A masked and aggregated version of Confidential Attachment IV is set forth in Report Section 1.5.4.4.
The NYISO requests waiver of any obligation it may have under the Commission’s regulations
or the Secretary’s rules to submit a redacted version of the Confidential Attachments. The NYISO
incorporated into the body of Report Section I a masked or aggregated version of the information that
is contained in the Confidential Attachments and thereby makes publicly available the information
contained in Attachment III that is not confidential and commercially sensitive. In that regard, the
NYISO has provided a redacted version of the information contained in the Confidential Attachments.
The Confidential Attachments are identified and marked in accordance with the Commission’s regulations and rules published by the Secretary’s Office for submitting Privileged information.
3 18 C.F.R. §§ 388.107, 388.112.
4 The information provided by the NYISO for which the NYISO claims an exemption from FOIA disclosure is labeled “Contains Privileged Information - Do Not Release.”
5 Terms with initial capitalization not defined herein have the meaning set forth in the NYISO’s Market Administration and Control Area Services Tariff.
Kimberly D. Bose, Secretary December 18, 2015
Page 3
III. Correspondence
Copies of correspondence concerning this filing should be addressed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs *Gloria Kavanah, Senior Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, N.Y. 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com
gkavanah@nyiso.com
* persons designated to receive service.
Respectfully submitted,
/s/ Gloria Kavanah
Gloria Kavanah
Counsel for
New York Independent System Operator, Inc.
cc:Michael Bardee
Anna Cochrane
Kurt Longo
Max Minzner
Daniel Nowak
Larry Parkinson
J. Arnold Quinn
Douglas Roe
Kathleen Schnorf
Jamie Simler
Gary Will
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
(2012). I have also electronically served the foregoing on all market participants, on each participant in its stakeholder committees, on the New York State Public Service Commission, and on the electric utility regulatory agency of New Jersey.
Dated at Rensselaer, NY this 18th day of December 2015.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207
