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. ER11-2631-000

Issued:  2/3/11

Ted J. Murphy

Counsel for New York Independent System Operator, Inc.

Hunton & Williams LLP

1900 K Street, N.W., Suite 1200 

Washington, D.C. 20006-1109 

Reference:Executed Small Generator Interconnection Agreement

Dear Mr. Murphy:

On January 5, 2011, New York Independent System Operator, Inc. (NYISO) submitted for filing an executed Small Generator Interconnection Agreement (Westover Agreement) by and among New York State Electric & Gas Corporation and AES ES Westover, LLC (Westover).[1]  Westover is constructing a 20 MW battery-based energy storage system that will be located in the Town of Union in Broome County, New York, and plans to use the facility to provide regulation service to the NYISO markets.

Pursuant to 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 December 9, 2010. 

Notice of the filing was issued on January 5, 2011 with comments, protests, or interventions due on or before January 26, 2011.  No adverse comments were filed.  Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to Rule 214 of the Commission’s Rules of Practice and Procedure (18 C.F.R. § 385.214).  Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214.

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 any which 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

[1] The Westover Agreement is labeled as Service Agreement No. 1677.