FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 20426 

OFFICE OF ENERGY MARKET REGULATION

New York Independent System

Operator, Inc. and Niagara Mohawk

Power Corporation

Docket No. ER13-762-001

Issued: March 28, 2013

National Grid USA Service Company, Inc.

40 Sylvan Road 

Waltham, MA 02451 

Attention:Amanda C. Downey, Esq.

Attorney for Niagara Mohawk Power Corporation

Reference:Cost Reimbursement Agreement between Economic Development

Growth Enterprises Corporation and Niagara Mohawk Power Corporation

Dear Ms. Downey:

On January 15, 2013, as amended on February 4, 2013, New York Independent System Operator, Inc. (NYISO) filed on behalf of Niagara Mohawk Power Corporation (Niagara Mohawk) a Cost Reimbursement Agreement (Reimbursement Agreement)[1] between Niagara Mohawk and Economic Development Growth Enterprises Corporation (EDGE Corp.).  The Reimbursement Agreement facilitates the construction of a nanotechnology facility (Nanocenter) in Marcy, New York.  A portion of Niagara Mohawk’s existing Porter-Terminal #6 115 kV transmission line runs through the easterly portion of the Nanocenter site.  EDGE Corp. has requested that Niagara Mohawk relocate this portion of the line.  Pursuant to the Reimbursement Agreement, EDGE Corp. will reimburse Niagara Mohawk for the actual costs and expenses incurred in connection with the construction of a new 115 kV transmission line and removal of the portion of the existing Porter-Terminal #6 115 kV transmission line.  The February 4, 2013 amendment corrected minor errors and omissions in the Reimbursement Agreement that was originally filed on January 15, 2013.

Pursuant to the authority delegated to the Director, Division of Electric Power Regulation – East, under 18 C.F.R. § 375.307, your submittal is accepted for filing, effective October 19, 2012, as requested.

The February 4, 2013 amendment was noticed on February 4, 2013, with comments, interventions, and protests due on or before February 25, 2013.  Pursuant to Rule 214 (18 C.F.R. § 385.214 (2012)), to the extent that any timely filed motions to intervene and any motion to intervene out-of-time were filed before the issuance date of this order, such interventions are granted.  Granting late interventions at this stage of the proceeding will not disrupt the proceeding or place additional burdens on existing parties. 

This acceptance for filing shall not be construed as constituting approval of the referenced filing or of any rate, charge, classification, or any rule, regulation, or practice affecting such rate or service contained in your filing; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation associated therewith; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against the filing parties.

This order constitutes final agency action.  Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

Sincerely,

Jignasa Gadani, Director

Division of Electric Power

  Regulation – East

[1] Agreement No. 1949, SA No. 1949 NiMo and EDGE Corp. re: reimbursement costs, under NYISO’s NYISO Agreements.