Christopher J. Novak
Senior Counsel
October 22, 2019
The Honorable Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Niagara Mohawk Power Corporation
Docket No. ER20-____-000
Filing of Amended Engineering & Procurement Agreement with Invenergy Wind Development LLC
Dear Secretary Bose:
Pursuant to Section 205 of the Federal Power Act (“FPA”),1 and Part 35 of the
Federal Energy Regulatory Commission’s (“Commission”) regulations,2 Niagara
Mohawk Power Corporation (“Niagara Mohawk”) submits an amended Engineering &
Procurement Agreement (“Amended E&P Agreement”) between Niagara Mohawk and
Invenergy Wind Development LLC (“Invenergy”).3 The Amended E&P Agreement is
designated as Service Agreement No. 2471 under the New York Independent System
Operator, Inc.’s (“NYISO”) Open Access Transmission Tariff (“OATT”).
The Amended Reimbursement Agreement is an undisputed agreement to update the scope of work specified in Exhibit A to the Original E&P Agreement. Niagara
Mohawk requests that the Commission accept the Amended E&P Agreement as of
October 1, 2019.
I.Background
Niagara Mohawk is a public utility subject to the Commission’s jurisdiction that owns transmission facilities located in New York which have been placed under the operational control of the NYISO.
Invenergy is a Delaware limited liability company having an office and place of business in Chicago, Illinois.
1
2
3
16 U.S.C. § 824d.
18 C.F.R. Part 35.
Together, Niagara Mohawk and Invenergy are referred to in the Amended E&P Agreement and in
this transmittal letter as the “Parties”. The Amended E&P Agreement amends the original version of that agreement (“Original E&P Agreement”) as discussed below.
40 Sylvan Road, Waltham, MA 02451
T: 781-907-2112 F: 781-296-8091 chris.novak@nationalgrid.com www.nationalgrid.com
The Honorable Kimberly Bose October 22, 2019
Page 2
Niagara Mohawk and Invenergy entered into the Original E&P Agreement to
facilitate the performance of certain engineering and procurement work for certain longlead items that Invenergy has requested Niagara Mohawk to do to accommodate
Invenergy’s proposed interconnection of a generating facility to Niagara Mohawk
transmission facilities. As relevant here, the Original E&P Agreement includes Exhibit A thereto, entitled “Scope of Company Work”.
The Commission accepted the Original E&P Agreement for filing effective June 25, 2019, as requested by the Parties.4
II.Amended E&P Agreement
The Parties have revised Exhibit A in the Amended E&P Agreement to state that
the procurement activities listed thereunder include: (1) the development of technical
documents to solicit bid proposals for the procurement of revenue metering equipment;
and (2) the awarding to the selected vendor and placement of an order for such revenue
metering equipment.
As is true under the Original E&P Agreement, Niagara Mohawk is performing services at actual cost as set forth in Articles 1.0 and 7.0 of the Amended E&P
Agreement. The Commission should find the price of the services to be performed pursuant to the Amended E&P Agreement to be just and reasonable because Niagara Mohawk will perform these services at actual cost.
III.Effective Date
The Commission’s regulations require service agreements to be filed not more
than 30 days after service under the agreements has commenced.5 The Parties intend the
Amended E&P Agreement to go into effect as of October 1, 2019, i.e., fewer than 30
days after the date the Amended E&P Agreement is being filed. Therefore, Niagara
Mohawk requests that the Commission accept the Amended E&P Agreement effective
October 1, 2019.
IV.Documents Enclosed
In addition to this transmittal letter, this filing includes the following documents:
(1) The Amended E&P Agreement (Service Agreement No. 2471 under the
NYISO OATT), provided in clean format (Attachment A);
(2) A document showing in red-line the differences between the Original E&P
Agreement and the Amended E&P Agreement (Attachment B); and
(3)An agreement between the Parties to revise the Original E&P Agreement
as reflected in the Amended E&P Agreement (Attachment C).
4Commission Letter Order, Docket No. ER19-2467-000 (Sept. 11, 2019).
518 C.F.R. § 35.3(a)(2).
The Honorable Kimberly Bose October 22, 2019
Page 3
V.Communications and Service
Communications regarding this filing should be addressed to the following
individuals, whose names should be entered on the official service list maintained by the
Secretary for this proceeding:
Christopher J. NovakSean Atkins
Senior CounselBradley R. Miliauskas
National Grid USAAlston & Bird LLP
Service Company, Inc.The Atlantic Building
40 Sylvan Road950 F Street, NW
Waltham, MA 02451Washington, DC 20004
(781) 907-2112(202) 239-3300
chris.novak@nationalgrid.comsean.atkins@alston.com
bradley.miliauskas@alston.com
Kathryn Cox-Arslan
Director, Commercial Services National Grid USA
40 Sylvan Road
Waltham, MA 02451 (781) 907-2406
kathryn.cox@nationalgrid.com
Copies of this filing have been served on Invenergy, the NYISO, and the New York Public Service Commission.
VI.Conclusion
For the reasons stated herein, Niagara Mohawk respectfully requests that the
Commission accept the Amended E&P Agreement effective as of October 1, 2019.
Respectfully submitted,
/s/ Christopher J. Novak
Christopher J. Novak Senior Counsel
National Grid USA
Service Company, Inc.
40 Sylvan Road
Waltham, MA 02451
Attorney for Niagara Mohawk Power Corporation
