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. ER10-2062-001

Issued:  December 21, 2010

New York Independent System Operator, Inc.

10 Krey Blvd. 

Rensselaer, New York 12144 

Attention:Kristin A. Bluvas, Attorney

New York Independent System Operator, Inc.

Reference:Compliance Filing    

Dear Ms. Bluvas:

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 dockets is accepted for filing, effective October 21, 2010, as requested. 

On November 15, 2010, the New York Independent System Operator, Inc. (NYISO) filed proposed revisions to the Market Power Mitigation Measures (Mitigation Measures) and Market Monitoring Plan that are attachments to NYISO’s Market Administration and Control Area Services Tariff (“Services Tariff”).  The filing was made in compliance to directives contained in orders from Docket Nos. ER10-1977-000 et al.[1] and ER10‑2062-000[2] that were issued on September 29, 2010 (September 29 Orders).

The September 29 Orders directed that NYISO, (1) with respect to Increasing Bids in Real Time, remove discretion in the application of penalties, provide specific mitigation criteria, and remove duplicative tariff language, and (2) with respect to the Reference Level Development Software, provide specificity in the criteria to be used in penalty assessment and the application of mitigation.  NYISO’s compliance filing satisfies the requirements of the September 29 Orders.

Public notice of the instant filing was issued on November 16, 2010, with comments, interventions, and protests due on or before December 6, 2010. None were filed.               

This acceptance for filing shall not be construed as constituting approval of any 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 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:              Public File             

All Parties

[1] See New York Independent System Operator, Inc., 132 FERC ¶ 61,271 (2010), Docket No. ER10‑1977‑000 et al.

[2] See New York Independent System Operator, Inc., 132 FERC ¶61, 270 (2010), Docket No. ER10-2062-000.