FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 20426 

OFFICE OF ENERGY MARKET REGULATION

                                                                                New York Independent System

                                                                                   Operator, Inc.

                                                                                New York State Electric & Gas

                                                                                    Corporation                                                                                                                                                                                                                                                                                       

                                                                                Docket No. ER13-789-000

                                                                                Issued: March 5, 2013

New York Independent System Operator, Inc.

10 Krey Boulevard 

Rensselaer, NY  12144 

Rochester Gas & Electric

89 East Avenue

Rochester, NY 14649 

Attention:Sara B. Keegan, Esq.

Senior Attorney, New York Independent System Operator, Inc.

                       Jeffrey A. Rosenbloom, Esq.

                       Managing Attorney, New York State Electric & Gas Corporation

Reference:Amended and Restated Small Generator Interconnection Agreement

Dear Ms. Keegan and Mr. Rosenbloom:

On January 22, 2013, the New York Independent System Operator, Inc. (NYISO) and New York State Electric & Gas Corporation (NYSEG) jointly filed an executed Amended and Restated Small Generator Interconnection Agreement (Amended Agreement)[1] among NYISO, NYSEG, and AES ES Westover, LLC.  The filing states that the Amended Agreement supersedes a Small Generator Interconnection Agreement among the parties that was filed in Docket No. ER11-2631-000, as Service Agreement No. 1677 (Original Agreement). The filing also states that the Amended Agreement removes a non-conforming provision that appeared in the Original Agreement, and makes related administrative changes.

           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 December 26, 2012, as requested.

The filing was noticed on January 23, 2013, with comments, interventions, and protests due on or before February 12, 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 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 any which may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against NYISO or NYSEG.

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] Amended and Restated Service Agreement No. 1677, under NYISO Agreements.