10 Krey Boulevard Rensselaer, NY  12144

 

 

 

 

May 24, 2016

By Electronic Delivery

Honorable Kimberly D. Bose Secretary

Federal Energy Regulatory Commission 888 First St, NE

Washington, DC 20426

Re:    New York Independent System Operator, Inc., Errata Correcting Compliance Filing,
Docket Nos. ER13-102-009, ER13-102-0__

Dear Secretary Bose:

On March 22, 2016, the New York Independent System Operator, Inc. (“NYISO”)

submitted proposed tariff revisions to its Open Access Transmission Tariff (“OATT”)1 to fulfill
the Commission’s directives in its December 23, 2015 order in the above-captioned proceeding
(“March Compliance Filing”).2  The NYISO submits this errata filing to correct two minor,
inadvertent errors in the tariff revisions submitted in the March Compliance Filing and to realign
two tariff sections with correct Tariff Record Identifiers.  The NYISO respectfully requests that
Commission accept the corrected tariff sections, as re-filed in this errata filing, with the same
effective date that was requested in the March Compliance Filing, i.e., April 1, 2016.

I.ERRATA CORRECTIONS

A.  Correction of Inadvertent Errors in Pro Forma Operating Agreement

As part of the March Compliance Filing, the NYISO submitted a pro forma operating
agreement for non-incumbent Developers3 (“Operating Agreement”).4  The Operating
Agreement is comparable to the existing Agreement Between New York Independent System

 

1 New York Independent System Operator, Inc., Compliance Filing, Docket No. ER13-102-009 (March 22, 2016).

2 New York Independent System Operator, Inc., Order Conditionally Accepting Tariff Revisions
and Requiring Further Compliance, 153 FERC ¶ 61,341 (2015) (“December Order”); New York
Independent System Operator, Inc., Notice of Extension of Time, Docket No. ER13-102-007 (January 14,
2016).

3Capitalized terms that are not otherwise defined in this filing letter shall have the meaning

specified in Attachment Y of the NYISO OATT, and if not defined therein, in the NYISO OATT and the NYISO Market Administration and Control Area Services Tariff.

4 Proposed OATT Section 31.11.


 

 

Honorable Kimberly D. Bose May 24, 2016

Page 2

 

Operator and Transmission Owners executed by the NYISO and incumbent New York

Transmission Owners in 1999 (“ISO/TO Agreement”).5  Following its submission of the March Compliance Filing, the NYISO identified the following two inadvertent errors in the filed
version of the Operating Agreement:

First, the filed version of Section 3.03c of the Operating Agreement contains an

inadvertent duplication of the language in Section 3.03b, and does not reflect the language for
Section 3.03c that was contained in the ISO/TO Agreement and that the NYISO reviewed with
its stakeholders and intended to file.  Section 3.03 establishes that the non-incumbent
transmission owner (“NTO”) grants the NYISO the responsibilities set forth in Article 3 of the
Operating Agreement so long as certain conditions are met.  Section 3.03c was intended to
describe the following condition that the NYISO must meet: “The ISO does not act in violation
of lawful PSC or FERC Orders.”  This condition mirrors the same condition set forth in Section

3.04e of the ISO/TO Agreement and was included in the version of the Operating Agreement
reviewed by stakeholders.  This language was inadvertently deleted and replaced with duplicate language from Section 3.03b in the version of the Operating Agreement submitted in the March Compliance Filing.6

Second, the filed version of Section 2.10 of the Operating Agreement inadvertently

includes language that the NYISO agreed with its stakeholders to remove.  Specifically, the filed
version of Section 2.10 currently provides that the NTO can “arrange for its ITO(s)
[Interconnection Transmission Owners] to determine” the level of resources to be applied to
restore facilities to service.  In developing the March Compliance Filing, the NYISO concluded,
following discussions with its stakeholders, that this language was not necessary because Section

2.12 of the Operating Agreement already provides that the NTO may arrange for one or more
third parties to perform the NTO’s responsibilities under this agreement.  Given this Section

2.12, the NYISO agreed with its stakeholders to remove all of the references to the NTO
“arranging with its ITOs” to perform certain obligations in the Operating Agreement, but
inadvertently retained the language in Section 2.10 in its March Compliance Filing.

The NYISO requests that the Commission accept its corrections to these inadvertent errors in the Operating Agreement through this errata filing.

B. Realignment of Electronic Tariff Record Identifiers

In the March Compliance Filing the NYISO submitted proposed revisions to OATT
Section 31.5, which aligns with Tariff Record Identifier (“Record ID”) 390.  In the filing the

 

 

5 The ISO/TO Agreement is available at:

http://www.nyiso.com/public/webdocs/markets_operations/documents/Legal_and_Regulatory/Agreement
s/NYISO/nyiso_to_agreement.pdf.

6 In the filed version of the Operating Agreement, both Sections 3.03b and 3.03c include the following condition: “The ISO has a FERC-accepted transmission tariff(s) and rate schedules which provide(s) for full recovery of the transmission revenue requirement of the NTO to the extent allowed, accepted or approved by FERC.”


 

 

Honorable Kimberly D. Bose May 24, 2016

Page 3

 

NYISO inadvertently aligned Section 31.5 with Record ID 394.  In this instant filing the NYISO resubmits Section 31.5 to align with Record ID 390 and also submits OATT Section 31.6 to align with Record ID 394.7

II.LIST OF DOCUMENT SUBMITTED

The NYISO respectfully submits the following documents with this filing letter:

1. A clean version of the corrected OATT Sections (“Attachment I”); and

2. A blacklined version of the corrected OATT Sections (“Attachment II”).

III.EFFECTIVE DATE

The NYISO respectfully requests that the Commission accept the errata filing, with the minor corrections and ministerial Tariff clarifications described above, with the same April 1, 2016 effective date requested in the March Compliance Filing.  The errata filing will bring the terms of the pro forma Operating Agreement into line with the language that the NYISO
developed for filing with its stakeholders’ input and will correct the alignment of tariff records with appropriate Record IDs.  The corrections to the March Compliance Filing will not adversely impact any stakeholders or interested parties.

 

IV.SERVICE

The NYISO will send an electronic copy of this filing to the official representative of
each party to this proceeding, to the official representative of each of its customers, to each
participant on its stakeholder committees, to the New York Public Service Commission and the
New Jersey Board of Public Utilities.  In addition, the complete public version of this filing will
be posted on the NYISO’s website at www.nyiso.com.

V.COMMUNICATIONS AND CORRESPONDENCE

Communications and correspondence regarding this filing should be directed to:


Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs
Karen G. Gach, Deputy General Counsel
*Carl F. Patka, Assistant General Counsel
New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, NY 12144
Tel:  (518) 356-6000
Fax:  (518) 356-4702


*Ted J. Murphy

Hunton & Williams LLP 2200 Pennsylvania Ave, NW Washington, DC  20037
Tel: (202) 955-1500

Fax: (202) 778-2201
tmurphy@hunton.com

 

*Michael J. Messonnier8


 

7 Section 31.6 was not revised in the March Compliance Filing and is included herewith solely to correct and complete the record in FERC’s eTariff system.


 

 

Honorable Kimberly D. Bose May 24, 2016

Page 4


 

rfernandez@nyiso.com rstalter@nyiso.com

kgach@nyiso.com
cpatka@nyiso.com

 

 

 

 

*Persons designated for receipt of service.

 

VI.CONCLUSION


Hunton & Williams LLP Riverfront Plaza, East Tower 951 East Byrd Street

Richmond, VA 23219
Tel: (804) 788-8712
Fax: (804) 343-4646

mmessonnier@hunton.com


WHEREFORE, the New York Independent System Operator, Inc. respectfully requests that the Commission accept this errata filing with an effective date of April 1, 2016.

 

Respectfully submitted,

By: /s/ Carl F. Patka

Carl F. Patka, Assistant General Counsel

New York Independent System Operator, Inc.

 

 

cc:Michael Bardee

Anna Cochrane
Kurt Longo
Max Minzer
Daniel Nowak
Larry Parkinson

J. Arnold Quinn
Douglas Roe

Kathleen Schnorf
Jamie Simler
Gary Will

 

 

 

 

 

 

 

 

 

 

8 Waiver of the Commission’s regulations (18 C.F.R. § 385.203(b)(3) (2014)) is requested to the extent necessary to permit service on counsel for the NYISO in Rensselaer, NY, Richmond, VA and
Washington, DC.