Docket No. ER21-613-0002

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. ER21-613-000

Issued: January 21, 2021

Sara B. Keegan, Esq.

New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, NY 12144

Christopher J. Novak, Esq.

National Grid USA Service Company, Inc.

40 Sylvan Road

Waltham, MA 02451

Reference:Engineering & Procurement Agreement, Service Agreement No. 2585

On December 9, 2020, New York Independent System Operator, Inc. (NYISO) filed, on behalf of Niagara Mohawk Power Corporation (Niagara Mohawk), an executed Engineering & Procurement Agreement (E&P Agreement) between KCE NY 6, LLC (KCE NY 6) and Niagara Mohawk, designated as Service Agreement No. 2585 under NYISO’s Open Access Transmission Tariff.[1] You state that the E&P Agreement is an undisputed agreement to facilitate the performance of certain work KCE NY 6 has requested Niagara Mohawk to perform to accommodate KCE NY 6’s proposed interconnection of a generating facility to Niagara Mohawk’s transmission facilities. You further state that the E&P Agreement facilitates Niagara Mohawk’s performance of certain engineering and procurement work for certain long-lead items in connection with the interconnection project prior to the Niagara Mohawk and KCE NY 6 entering into an SGIA.

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 November 24, 2020, as requested.

The filing was noticed on December 9, 2020, with comments, interventions, and protests due on or before December 30, 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 NYISO or 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