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. ER15-2128-000

Issued:  8/26/15 

New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, NY 12144

National Grid USA

Service Company, Inc.

40 Sylvan Road

Waltham, MA  02451

Attention:Sara B. Keegan, Esq.

Senior Attorney for New York Independent System Operator, Inc.

Amanda C. Downey, Esq.

Counsel for Niagara Mohawk Power Corporation

Reference: Cost Reimbursement Agreement

Dear Ms. Downey:

On July 8, 2015, New York Independent System Operator, Inc. (NYISO) filed, on behalf of Niagara Mohawk Power Corporation (Niagara Mohawk), a cost reimbursement agreement (Reimbursement Agreement between Niagara Mohawk and Rochester Gas and Electric Corporation (RG&E).[1]  You state that the Reimbursement Agreement is an undisputed agreement to facilitate the performance of certain work that RG&E has requested Niagara Mohawk to perform with respect to specified and related portions of transmission lines/circuits and equipment.  You also state that Niagara Mohawk has not invoiced RG&E or collected any funds pursuant to the Reimbursement Agreement, and will not do so until after the Commission accepts the Reimbursement Agreement for filing, and therefore, no refunds are required.

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, effective March 5, 2015, as requested.[2]

The filing was noticed on July 8, 2015, with comments, interventions, and protests due on or before July 29, 2015. Pursuant to Rule 214 (18 C.F.R. § 385.214 (2014)), 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 your companies.

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,

Kurt M. Longo, Director

Division of Electric Power    

Regulation – East

[1] New York Independent System Operator, Inc., NYISO Agreements, Agreement No. 2223, Cost Reimbursement Agreement (SA 2223) National Grid & RG&E, 0.0.0.

[2] It appears that contrary to the requirements of section 35.3 of the Commission’s regulations, 18 C.F.R. § 35.3 (2014), Niagara Mohawk failed to file the Cost Reimbursement Agreement in a timely manner.  Niagara Mohawk is reminded that they must submit required filings on a timely basis, or face possible sanctions by the Commission.