10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL
INFORMATION. THE BODIES OF THE REPORTS ALONG WITH THE REDACTED
VERSIONS OF THE DEMAND RESPONSE PROGRAMS REPORT TABLES 2 AND 4
(MARKED PUBLIC) DO NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL
INFORMATION. CONFIDENTIAL EXHIBIT A TO THE DEMAND RESPONSE
PROGRAMS REPORT INCLUDES UNREDACTED TABLES 2, 4, AND 5 WHICH CONTAIN
PRIVILEGED AND CONFIDENTIAL INFORMATION, AND ARE SUBMITTED
SEPARATELY.
June 1, 2015
VIA ELECTRONIC FILING
Kimberly D. Bose
Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: Semi-Annual Reports on New Generation Projects and Demand Response
Programs; Docket Nos. ER03-647-000 and ER01-3001-000
Dear Ms. Bose:
Enclosed for filing in the above-referenced dockets are the New York Independent System
Operator’s (“NYISO’s”) Semi-Annual Reports to the Federal Energy Regulatory Commission
(“Commission”) on the NYISO’s new generation projects and Demand Response programs in the New York Control Area. This filing is made for informational purposes only in accordance with the
Commission’s delegated order issued February 23, 2010 in these dockets.1
I.Documents Submitted
1.This filing letter;
2.NYISO Semi-Annual Compliance Report on New Generation Projects, June 1, 2015
(Attachment I);
3.NYISO Semi-Annual Compliance Report on Demand Response Programs, June 1, 2015
- public (redacted) (Attachment II); and
1 New York Indep. Sys. Operator, Inc., Docket Nos. ER01-3001 and ER03-647 (Feb. 23, 2010).
Kimberly D. Bose, Secretary June 1, 2015
Page 2 of 3
4. Confidential Exhibit A to the NYISO Semi-Annual Compliance Report on Demand
Response Programs, June 1, 2015 - CONFIDENTIAL (unreadacted) (“Confidential Exhibit A”) (Attachment III)
II.Request for Confidential Treatment of Confidential Exhibit A to the NYISO Semi-Annual
Compliance Report on Demand Response Programs
The attached Semi-Annual Compliance Report on Demand Response Programs (“Demand
Response Report,” filing Attachment II) summarizes the current status of demand response
participation in the NYISO’s markets as of June 1, 2015. The Demand Response Report redacts
confidential, commercially sensitive information in Tables 2 and 4, and omits Table 5 in its entirety.
The confidential, unredacted versions of Tables 2 and 4, as well as the entirety of Table 5 are in
Confidential Exhibit A, which is labeled as confidential and is being filed separately.
In accordance with Sections 388.107 and 388.112 of the Commission’s regulations,2 Article 6
of the NYISO’s Market Administration and Control Area Services Tariff, and Sections 1.0(4) and 4.0
of the NYISO’s Code of Conduct, the NYISO requests Privileged and Confidential treatment of the
contents of Confidential Exhibit A. The NYISO also requests that the Confidential Exhibit A be
exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 522.3
Confidential Exhibit A contains commercially sensitive, trade secret information that is not
made public by the NYISO. Disclosure of such information could cause competitive harm to the
affected Market Participants,4 and could adversely affect competition in the markets administered by
the NYISO. This information includes a very limited number of demand response Resources in a Load
Zone. Confidential Exhibit A also contains information on NYISO’s Demand Side Ancillary Services
Program, and total enrollment for the entire program is very limited. With such a small number of
Resources participating in the Load Zone or program, the aggregation of the data reported would not
sufficiently mask confidential and commercially sensitive Market Participant Information. Further,
because this confidential, commercially sensitive information is exempt from disclosure under 5
U.S.C. § 522(b)(4), the NYISO requests that the contents of Confidential Exhibit A receive Privileged
and Confidential treatment and be exempt from FOIA disclosure. Confidential Exhibit A is identified
and marked in accordance with the Commission’s regulations and rules published by the Secretary’s
Office for submitting privileged information.5
2 18 C.F.R. §§ 388.107 and 388.112 (2014).
3 The information provided by the NYISO, for which the NYISO claims an exemption from FOIA disclosure, is labeled “Contains Privileged Information - Do Not Release.”
4 Capitalized terms not otherwise defined herein have the meaning set forth in the NYISO’s Market Administration and Control Area Services Tariff.
5 Federal Energy Regulatory Commission Submission Guidelines, July 1, 2010, page 2.
Kimberly D. Bose, Secretary June 1, 2015
Page 3 of 3
III.Correspondence
Copies of correspondence concerning this filing should be addressed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs Gloria Kavanah, Senior Attorney
*Gregory J. Campbell, Attorney
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com
gkavanah@nyiso.com
gcampbell@nyiso.com
* person designated to receive service
Respectfully submitted,
/s/Gregory J. Campbell
Gregory J. Campbell Counsel for
New York Independent System Operator, Inc.
cc:Michael Bardee
Gregory Berson
Anna Cochrane
Morris Margolis
David Morenoff
Daniel Nowak
Kathleen Schnorf
Jamie Simler
Kevin Siqveland
