FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 

OFFICE OF ENERGY MARKET REGULATION

In Reply Refer To:

New York Independent System

Operator, Inc.

Docket No. ER11-3595-000                                                                                                 

Issued:  7/12/11                                                                                                   

Whiteman Osterman & Hanna

One Commerce Plaza

Albany, NY 12260 

Attention:Elizabeth A. Grisaru

Counsel to the New York Independent System Operator

Reference:Proposed Amendments to the ISO Agreement and Code of Conduct

Dear Ms. Grisaru:

On May 18, 2011, you filed, on behalf of the New York Independent System Operator (NYISO), proposed revisions to NYISO’s Open Access Transmission Tariff and ISO agreement, to harmonize the conflict of interest provisions in these documents with the related provisions contained in the New York State Reliability Council (NYSRC) Agreement.[1]  You state that taken together, the proposed modifications will permit NYISO’s Market Participants to participate as members of the NYSRC Executive Committee while prohibiting NYISO’s officers, directors, employees, and consultants from so serving.  

Pursuant to the authority delegated to the Director, Division of Electric Power Regulation – East, under 18 C.F.R. § 375.307, your submittal filed in the above referenced docket is accepted for filing, effective July 18, 2011, as requested.    

Public notice of NYISO’s filing was issued on May 19, 2011, with comments, interventions, and protests due on or before June 8, 2011.  NYSRC filed timely comments supporting the filing.  Pursuant to Rule 214 (18 C.F.R. § 385.214) all timely filed motions to intervene and any motion to intervene out-of-time filed before the issuance date of this order are granted.  No protests were filed.   

This acceptance for filing shall not be construed as constituting approval of any rate, service, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; 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.

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

cc: All Parties

      Public File

[1] NYISO states that due to eTariff constraints, it will make a separate filing of revisions to Section 6.06 of ISO Agreement (Docket No. ER11-3604-000).