Docket No. ER21-120-0002

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 20426

OFFICE OF ENERGY MARKET REGULATION

New York Independent System Operator, Inc.

Niagara Mohawk Power Corporation

Docket No. ER21-120-000

Issued: December 14, 2020

Christopher J. Novak

National Grid USA Service Company, Inc.

40 Sylvan Road

Waltham, MA 02451

Reference:Amended Engineering & Procurement Agreement

On October 16, 2020, you filed, on behalf of Niagara Mohawk Power Corporation (Niagara Mohawk), an amended Engineering & Procurement Agreement (Amended E&P Agreement) between Niagara Mohawk and New York Transco, LLC (NY Transco), designated as Service Agreement No. 2531 under New York Independent System Operator, Inc.’s Open Access Transmission Tariff.[1] You state that the Amended E&P Agreement is an undisputed agreement to facilitate the performance of certain work that NY Transco has requested Niagara Mohawk to do with respect to the mitigation of the impact of the New York Energy Solution Project on Niagara Mohawk’s transmission system. You further state that the Amended E&P Agreement has been revised to (1) update the initial payment amount from $1 million to $1.075 million; (2) acknowledge receipt of the original $1 million from NY Transco; (3) state that Niagara Mohawk will invoice NY Transco for, and NY Transco will timely pay, the $75,000 balance due; and (4) delete a now-obsolete provision stating that Niagara Mohawk will not be obligated to commence any work thereunder prior to the receipt of the initial prepayment.

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 September 17, 2020, as requested.

The filing was noticed on October 16, 2020, with comments, interventions, and protests due on or before November 6, 2020. Pursuant to Rule 214 (18 C.F.R. § 385.214), 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 Niagara Mohawk.

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.

Issued by: Kurt M. Longo, Director, Division of Electric Power Regulation – East