Docket No. ER21-1062-0001

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, DC 20426

OFFICE OF ENERGY MARKET REGULATION

New York Independent System Operator, Inc.

Docket No. ER21-1062-000

Issued: March 24, 2021

Sara B. Keegan, Esq.

New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, NY 12144

Andrew F. Neuman, Esq.

New York Power Authority

123 Main Street

White Plains, NY 10601

Reference:Engineering, Procurement, and Construction Agreement – Service Agreement No. 2592

On February 5, 2021, the New York Independent System Operator, Inc. (NYISO) and New York Power Authority (NYPA) (together, the Joint Filing Parties) filed an executed Engineering, Procurement, and Construction Agreement among NYISO, NYPA, and PPM Roaring Brook LLC (Roaring Brook), designated as Service Agreement No. 2592 under NYISO’s Open Access Transmission Tariff (OATT) (EPC Agreement).[1] The Joint Filing Parties state that the EPC Agreement governs the rates, terms, and conditions regarding the engineering, procurement, and construction of certain system upgrade facilities that are required on NYPA’s system for Roaring Brook’s wind generation farm to interconnect reliably to the New York State Transmission System (Affected System Upgrade Facilities). The Joint Filing Parties also state that the EPC Agreement is consistent with NYISO’s pro forma standard Large Generator Interconnection Agreement in Attachment X of the NYISO OATT, modified to address only the engineering, procurement, and construction of the Affected System Upgrade Facilities.

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 January 25, 2021, as requested.

The filing was noticed on February 5, 2021, with comments, interventions, and protests due on or before February 26, 2021. 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 NYPA.

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