FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 20426 

OFFICE OF ENERGY MARKET REGULATION

In Reply Refer To:

New York Independent System Operator, Inc.

Docket No. ER11-2402-000

Issued:  2/10/11

Mr. Daniel Galaburda

Assistant General Counsel

National Grid USA Service Company, Inc.

40 Sylvan Road 

Waltham, MA  02451 

Reference:Interconnection Service Agreement

Dear Mr. Galaburda:

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 conditionally accepted for filing, effective February 15, 2011, as requested, and subject to the condition stated below.

On December 17, 2010, you filed, on behalf of Niagara Mohawk Power Corporation d/b/a National Grid (Niagara Mohawk), Second Revised Service Agreement No. 316 (Service Agreement) between Niagara Mohawk and WPS Syracuse Generation, LLC (WPS Syracuse), under the New York Independent System Operator, Inc.’s Open Access Transmission Tariff.  The Second Revised Service Agreement restates, supersedes and replaces in its entirety the First Revised Agreement previously accepted by the Commission.  Under the Second Revised Service Agreement, Niagara Mohawk will continue to provide interconnection service to WPS Syracuse for WPS Syracuse’s approximately 108 MW generating facility located in the Town of Geddes, New York.  Niagara Mohawk will charge WPS Syracuse for its actual costs of operating and maintaining the interconnection facility.

Niagara Mohawk included, in Appendix H to the Service Agreement, a list of provisions of the New York Independent System Operator, Inc.’s pro-forma Large Generator Interconnection Agreement, including section 5.8 (Information Exchange), which Niagara Mohawk states are not applicable to the Service Agreement.  However, the information exchange provision represents an ongoing obligation between the parties to the Service Agreement.  Thus, section 5.8 is applicable to the Service Agreement and should not be included in the list in Appendix H.  Therefore, Niagara Mohawk’s filing is conditionally accepted subject to the submission of a compliance filing, within 30 days of the date of this order, either removing section 5.8 from the list of non-applicable provisions in Appendix H or explaining why section 5.8 should not be removed from the list.     

Notice of the filing was published in the Federal Register, with comments, protests or interventions due on or before January 7, 2011.  No comments, protests or interventions were filed.

This acceptance for filing shall not be construed as constituting approval of any service, rate, 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 finding 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 and WPS Syracuse.

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