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TED J. MURPHY

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EMAIL: tmurphy@hunton.com

 

FILE NO: 55430.000065

 

August 17, 2011

 

Ms. Kimberly D. Bose Secretary

Federal Energy Regulatory Commission 888 First Street, N.E.

Washington D.C. 20426

 

Re:    New York Independent System Operator, Inc., Filing to Waive Right to Commission

Action within Sixty Days of Filing and to Modify Proposed Effective Date, Docket No. ER11-3881-000

Dear Ms. Bose:

The New York Independent System Operator, Inc. (“NYISO”) submits this filing to formalize its August 10, 2011 notice that it is no longer requesting, and expressly waives any right under Section 205 of the Federal Power Act that would otherwise compel,1 Commission issuance, by August 23, 2011, of an order on its June 24, 2011 filing in this proceeding.2  The NYISO also respectfully requests that the Commission act on the ATC Definition Filing within 120 days of the date of filing (i.e., no later than October 21, 2011), the maximum notice period for tariff filings normally allowed under 18 C.F.R. § 35.3 (2011).

 

Therefore, in order to extend the date by which the Commission may act on its ATC Definition Filing, the NYISO is hereby refiling the relevant tariff section and amending its requested effective date for the changes proposed in the June 24 filing.

 

I.DOCUMENTS SUBMITTED

1. This filing letter;

 

 

 

 

 

1 16 U.S.C. § 824d(d) (2006).

2 Proposed Tariff Revisions to Clarify the Definition of Available Transfer Capability and to Update List of Applicable North American Energy Standards Board WEQ Standards, Docket No. ER11-3881-000 (filed June 24, 2011) (“ATC Definition Filing”).

 

ATLANTA   AUSTIN   BANGKOK   BEIJING   BRUSSELS   CHARLOTTE   DALLAS   HOUSTON   LONDON   LOS ANGELES
McLEAN   MIAMI   NEW YORK   NORFOLK   RALEIGH   RICHMOND   SAN FRANCISCO   TOKYO   WASHINGTON

www.hunton.com


 

 

 

Ms. Kimberly D. Bose August 17, 2011

Page 2

2. A clean version of the proposed revisions to the NYISO’s OATT Section 1.1
(“Attachment I”).3

 

II.EFFECTIVE DATE

The NYISO is changing its requested effective date for the proposed modification to the
definition of Available Transfer Capability from June 24, 2011 to October 24, 2011.  The
NYISO is not changing its requested effective date of April 1, 2011 for the revisions to update
the list of applicable North American Energy Standards Board (“NAESB”) standards.4

 

III.SERVICE

The NYISO will e-mail an electronic link to this filing to the official representative of
each party to this proceeding, to 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, this filing will be posted on the NYISO’s website at
www.nyiso.com.

 

IV.CONCLUSION

Wherefore, the NYISO respectfully requests that the Commission take action as

requested herein and accept: (i) the NYISO’s notice of waiver and request for Commission
action by October 21, 2011; (ii) the proposed revisions to the definition of ATC effective

 

 

 

3 The NYISO is not including in this filing blacklined tariff sections reflecting the changes
proposed in the ATC Definition Filing to OATT Section 1.1 because the NYISO proposed additional
changes to Section 1.1 in its August 10, 2011 filing on Proposed Tariff Revisions Related To
Grandfathered Rights and Grandfathered TCCs, in Docket No. ER11-4272-000.  Therefore, consistent
with eTariff procedures, the most recently filed Section 1.1 reflects the changes proposed to the ATC
definition as clean text and thus there are no blacklined sections to submit with this filing.  For ease of
reference, the proposed changes that were reflected as blacklines to Section 1.1 of the OATT in the ATC
Definition filing are as follows:

Available Transfer Capability (“ATC”): A measure An advisory projection of the

Ttransfer Ccapability remaining in the physical transmission network for further

commercial activity over and above already committed uses. ATC is defined as the Total
Transfer Capability, less Transmission Reliability Margin, less the sum of existing
transmission commitments, (which includes retail customer service) less the Capacity
Benefit Margin. The amount reserved tosupport existing transmission commitments is
defined in the Existing Transmission Agreements and Existing Transmission Capacity for
Native Load in Attachment Lon Internal and External Interfaces and on Scheduled Lines
calculated using the methodology described in Attachment C to the OATT.

4 The NAESB related revisions were submitted in compliance with Commission Order No. 676-
E, rather than pursuant to section 205 of the FPA.  Therefore, the NYISO is not refiling those tariff
sections as they are not subject to the sixty day notice requirement.


 

 

 

Ms. Kimberly D. Bose August 17, 2011

Page 2

October 24, 2011; and (iii) the proposed updates to the list of applicable NAESB standards effective April 1, 2011.

 

Respectfully submitted,

 

/s/ Ted J. Murphy

Counsel to

New York Independent System Operator, Inc.


 

 

 

 

CERTIFICATE OF SERVICE

 

I hereby certify that I have this day served the foregoing document upon each person

designated on the official service list compiled by the Secretary in this proceeding in accordance with the requirements of Rule 2010 of the Rules of Practice and Procedure, 18 C.F.R. §385.2010. Dated at Rensselaer, NY this 17th day of August, 2011.

/s/ Mohsana Akter

New York Independent System Operator, Inc.

10 Krey Blvd.

Rensselaer, NY 12114 (518) 356-7560