10 Krey Boulevard Rensselaer, NY 12144
July 6, 2011
By Electronic Delivery
Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Filing of an Executed Amended and Restated Large Generator Interconnection
Agreement Among the New York Independent System Operator, Inc., the New
York Power Authority and Noble Ellenburg Windpark, LLC and Request for
Waiver of the 60-Day Notice Period, Docket No. ER___-___-___
Dear Ms. Bose:
Pursuant to Section 205 of the Federal Power Act,1 Section 35.12 of the Commission’s
Regulations,2 and Section 11.3 of its Large Facility Interconnection Procedures, the New York
Independent System Operator, Inc. (“NYISO”) and the New York Power Authority (“NYPA”)
(collectively, the “Joint Filing Parties”) hereby tender for filing an Executed Amended and
Restated Large Generator Interconnection Agreement (“Amended Agreement”) as Service
Agreement No. 1296 among the NYISO, NYPA as the Transmission Owner, and Noble
Ellenburg Windpark, LLC (“Noble Ellenburg”) as the Interconnection Customer.3 The Joint
Filing Parties respectfully request waiver of the Commission’s 60-day notice period to make this Agreement effective as of June 20, 2011.
I.Background
The Amended Agreement supersedes a Large Generator Interconnection Agreement
(“LGIA”) among the parties that was filed in Docket No. ER08-699-000, as Service
Agreement No. 1296 (“Original Agreement”). The Original Agreement was accepted by the
Commission on May 16, 2008.4 The Original Agreement provided for the interconnection of
Noble Ellenburg’s 81 MW wind generating facility to NYPA’s transmission system. The
1 16 U.S.C. § 824d (2006).
2 18 C.F.R. § 35.12 (2008).
3 Capitalized terms not otherwise defined in this letter have the meaning set forth in
Attachments S, X and Z of the NYISO’s Open Access Transmission Tariff (“OATT”).
4 New York Independent System Operator, Inc. and the New York Power Authority, Order, Docket No. ER08-699-000 (issued May 16, 2008).
Honorable Kimberly D. Bose July 6, 2011
Page 2
Original Agreement contained non-conforming provisions to recognize NYPA’s unique legal status as a power authority governed under New York’s Power Authority Act and other
circumstances specific to the Noble Ellenburg project and to required upgrades related to the Willis and Plattsburgh substations.
Appendix A of the Original Agreement also required Noble Ellenburg to purchase the fee interest in approximately 1.8 acres of the unimproved property adjacent to the land used for the Willis Substation expansion as well as a “reasonably mutually acceptable piece of property” in the immediate vicinity of the Willis Substation to prepare an approximately 1.0 acre laydown area.5 Appendix A further required that after such purchase and improvements, Noble Ellenburg would convey the properties, by warranty deed, to NYPA.
II.Discussion of Changes
Since the filing of the Original Agreement, NYPA and Noble Ellenburg have mutually
agreed that the property purchase, improvements and subsequent conveyance of such properties
to NYPA, as contemplated by Appendix A of the Original Agreement, are not necessary. The
Joint Filing Parties therefore submit this Amended Agreement to reflect the modifications to the
Original Agreement.
Specifically, the Amended Agreement modifies the LGIA as follows:
• The body of the Amended Agreement reflects the following modifications to the
body of the Original Agreement: (1) a new effective date; (2) changes to reflect
that this is the “Amended and Restated” version of the Interconnection
Agreement;
• The body of the Amended Agreement reflects formatting modifications to
conform to current FERC eTariff formatting requirements;
• The body of the Amended Agreement reflects a ministerial correction to correct
an omission in the table of contents;
• Appendix A reflects modifications to delete the final paragraph in Section VII and
to delete Figure 7, both of which related to Noble Ellenburg’s obligation to
purchase property near the Willis Substation; and
• Appendix F reflects ministerial modifications to correct the title of one of the
individuals included in the notice provisions.
5 See Original Agreement, Appendix A at Original Sheet No. 104.
Honorable Kimberly D. Bose July 6, 2011
Page 3
The blacklined version attached to this filing shows all of these changes that were made to the currently effective interconnection agreement. The Joint Filing Parties respectfully request that the Commission accept this Amended Agreement.
III. Effective Date and Request for Wavier of the 60-Day Notice Period
The parties request an effective date of June 20, 2011 for the Amended Agreement,
which is the date of execution. The Commission has allowed interconnection agreements to
become effective on the date of execution, even when that date pre-dates the date that an
interconnection agreement is filed. Accordingly, the parties request that the Commission grant a waiver of its prior notice requirements to the extent necessary to accommodate this requested
effective date.
IV. Communications and Correspondence
Communications regarding this filing should be directed to:
For the NYISO
Robert E. Fernandez, General Counsel
Karen Georgenson Gach, Deputy General Counsel *Sara B. Keegan, Senior Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
kgach@nyiso.com
skeegan@nyiso.com
For New York Power Authority
Judith C. McCarthy, Acting General Counsel *Andrew F. Neuman, Special Counsel
New York Power Authority
123 Main Street
White Plains, New York 10601
Tel: (914) 390-8028
Fax: (914) 390-8038
andrew.neuman@nypa.gov
*Designated to receive service.
Honorable Kimberly D. Bose July 6, 2011
Page 4
V.Documents Submitted
The NYISO submits the following documents:
• this filing letter;
• a clean version of the Amended Agreement (Attachment I); and
• a blackline showing the changes between the Original Agreement and the Amended
Agreement (Attachment II).
VI. Service
The NYISO will send an electronic link to this filing to the official representative of each
of its customers, to each participant on its stakeholder committees, to the New York Public
Service Commission, and to the New Jersey Board of Public Utilities. In addition, a complete
copy of the Public documents included with this filing will be posted on the NYISO’s website at
www.nyiso.com.
VII. Conclusion
Wherefore, the NYISO respectfully requests that the Commission accept the Amended Agreement effective as of June 20, 2011.
Respectfully submitted,
/s/ Sara B. Keegan
Sara B. Keegan
Counsel for the
New York Independent System Operator, Inc.
/s/Andrew F. Neuman
Andrew F. Neuman
Special Counsel for the New York Power Authority
