Docket No. ER14-1750-000 1
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, D.C. 20426
In Reply Refer To:
Consolidated Edison Company of New York, Inc.
Issued: 6/12/14
Consolidated Edison Company of New York, Inc.
4 Irving Place
New York, NY 10003
Associate Counsel for Consolidated Edison Company of New York, Inc.
Reference: Restated Operating and Maintenance Service Agreement
Dear Mr. Savage:
On April 22, 2014, Consolidated Edison Company of New York, Inc. (Con Edison) submitted a contract and amendment relating to an operating and maintenance service agreement on behalf of the New York Power Authority.[1]
The amended Agreement does not comply with the requirements of Order No.
614, FERC Stats. & Regs. & 31,096 (2000). Specifically, the Amended and Composite Agreement contains old, outdated language that is being superseded by the Revised First Amendment to the Agreement. The Commission has found that superseded language must be removed and only relevant, effective language be included in a single, comprehensible rate schedule.[2] Acceptance is therefore conditioned upon Con Edison filing, within 30 days of the date of this letter order, a complete and up-to-date Amended and Composite Agreement with all superseded language removed.
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 April 23, 2014, as requested.
The filing was noticed on April 23, 2014, with comments, interventions and protests due on or before May 13, 2014. Pursuant to Rule 214 (18 C.F.R. § 385.214 (2013)), 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 Con Edison.
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] New York Independent System Operator, Inc., FERC FPA Electric Tariff, NYISO Agreements, Agreement No. 2013, O&M Agreement No. 2013 Between Con Edison and NYPA, 0.0.0 and Agreement No. 2013, Amendment to Agreement No. 2013 between ConEd and NYPA, 0.0.0.
[2] See Boston Edison Company, 98 FERC ¶ 61,292 (2002).