Justin Atkins
Counsel, Avangrid Service Company
December 6, 2019
The Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: New York State Electric & Gas Corporation
Docket No. ER20-___-000
Filing of Executed Utility Services Agreement
Dear Secretary Bose:
Pursuant to Section 205 of the Federal Power Act1 and Part 35 of the regulations of the
Federal Energy Regulatory Commission (“Commission”),2 New York State Electric & Gas
Corporation (“NYSEG”), an indirect subsidiary of Avangrid, Inc., hereby submits for filing a
Utility Services Agreement (“Utility Services Agreement”) by and between NYSEG3 and
NextEra Energy Transmission of New York, Inc. (“NEETNY”).4 The Utility Services
Agreement is designated as Service Agreement No. 2497 under the New York Independent
System Operator, Inc.’s (“NYISO”) Open Access Transmission Tariff (“OATT”).
For the reasons set forth below, NYSEG respectfully requests that the Commission accept the Utility Services Agreement for filing effective November 11, 2019.
I.COMMUNICATIONS
All communications and service related to this filing should be directed to:
Justin Atkins Counsel
Avangrid Service Company One City Center 5th Floor Portland, Maine 04101
207.629.1293
Justin.Atkins@avangrid.com
116 U.S.C. § 824d.
218 C.F.R. Pt. 35.
Timothy Lynch
Director - Transmission Services
New York State Electric & Gas Corporation Corporate Drive - Kirkwood Industrial Park P.O. Box 5224
Binghamton, N.Y. 13902-5224
TJLynch@nyseg.com
II.BACKGROUND AND DESCRIPTION OF THE UTILITY SERVICES
AGREEMENT
NYSEG is a public utility subject to the Commission’s jurisdiction that own transmission
facilities under the operational control of the NYISO. NEETNY is incorporated under the
Transportation Corporation Laws of New York and was formed to develop, construct, finance,
own, operate, and maintain high-voltage electric transmission facilities in the NYISO region as a
portfolio.
NEETNY was selected by the NYISO as the developer of the Empire State Line Project
(the “ESL Project”), a Public Policy Transmission Project pursuant to Attachment Y of the
NYISO OATT, on October 17, 2017. As part of the ESL Project, NEETNY is pursuing the
construction of a 20 Mile 345 Kilovolt Transmission line located in the Town of Royalton,
Niagara County and the Towns of Alden, Newstead, Lancaster and Elma in Erie County, along
sections of an existing NYSEG right-of-way in Case 18-T-0499. To accommodate the ESL
project, NYSEG or its affiliates or contractors will perform certain services for NEETNY,
including but not limited to, services set forth in Exhibit A to the Utility Services Agreement.
On November 11, 2019, NYSEG and NEETNY executed the Utility Services Agreement.
NYSEG projects that the work to be performed under the Utility Services Agreement will be
completed on or before July 1, 2022 (“Termination Date”), the in-service date of the ESL
Project, unless terminated earlier in accordance with the terms of the Utility Services Agreement.
Pursuant to the Utility Services Agreement, NEETNY has agreed to pay for or reimburse
NYSEG for all costs and expenses NYSEG and/or its affiliates incur in connection with the
performance of the scope of work set forth in Exhibit A of the Utility Services Agreement. The
Utility Services Agreement sets forth the terms and conditions of this work and certain related
commitments by NEETNY. The Utility Services Agreement includes provisions addressing the
performance of the work, liability and indemnification, insurance, regulatory and governmental
approvals, and various standard provisions for utility services and reimbursement agreements.
NYSEG is performing these services at actual costs (defined as “Compensation and
Payment - Reimbursable Costs”) as set forth in Paragraph 4(a) of the Utility Services
Agreement. The Commission should find the price of the services to be performed pursuant to the Utility Services Agreement to be just and reasonable because NYSEG will perform these services at actual cost (i.e., its out-of-pocket expenses), and does not include any return on investment, carrying charge, or any other amount to be collected for profit.
III. REQUESTED EFFECTIVE DATE AND WAIVER
NYSEG respectfully requests that the Commission grant waiver of the 60-day notice
requirement and accept the Utility Services Agreement with an effective date of November 11, 2019. Good cause exists to grant waiver. The Commission previously has granted waiver of the 60-day prior notice requirement where an agreement was filed within 30 days of the
commencement of service. In addition, granting waiver is appropriate because it will ensure that the effective date of the Utility Services Agreement aligns with that agreed upon by the Parties. Granting the proposed effective date will have no adverse effect on NEETNY, and will have no adverse effect on NYSEG or its customers.
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To the extent necessary, NYSEG requests a waiver of any Commission regulation or requirement not otherwise satisfied by this filing in order to permit acceptance of the Utility Services Agreement, effective as requested.
IV.SERVICE
A copy of this fling will be served on NEETNY and the NYISO.
V.CONTENTS OF FILING
In accordance with the Commission’s eTariff regulations and other filing requirements,5 in addition to this transmittal letter this filing consists of the Utility Services Agreement.
VI.CONCLUSION
For the foregoing reasons, NYSEG respectfully requests that the Commission accept the Utility Services Agreement with an effective date of November 11, 2019.
Respectfully submitted,
/s/ Justin Atkins
Counsel to New York State Electric & Gas Corporation
