10 Krey Boulevard Rensselaer, NY 12144

May 30, 2012

By Electronic Delivery

Honorable Kimberly D. Bose, SecretaryCONTAINS CRITICAL ENERGY

Federal Energy Regulatory CommissionINFRASTRUCTURE INFORMATION

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., Niagara
Mohawk Power Corporation d/b/a National Grid, New York State Electric & Gas
Corporation, and Nine Mile Point Nuclear Station, LLC, and Requests for Critical
Energy Infrastructure Information Designation and for Waiver of 60-Day Notice
Period; Docket No. ER12-___-000

Dear Ms. Bose:

Pursuant to Section 205 of the Federal Power Act,1 Section 35.12 of the Commission’s regulations,2 and Section 30.11.3 of the New York Independent System Operator, Inc.’s
(“NYISO’s”) Standard Large Facility Interconnection Procedures,3 the NYISO, Niagara
Mohawk Power Corporation d/b/a National Grid (“National Grid”), and New York State Electric & Gas Corporation (“NYSEG”) (together, the “Joint Filing Parties”) hereby tender for filing an executed Amended and Restated Standard Large Generator Interconnection Agreement
(“Amended Agreement”) as Service Agreement No. 1757 under the NYISO Open Access
Transmission Tariff (“OATT”). The Amended Agreement has been entered into by and among the NYISO, National Grid and NYSEG as the Connecting Transmission Owners, and Nine Mile Point Nuclear Station, LLC (“Nine Mile”), as the Developer.

The Joint Filing Parties respectfully request that the Commission accept the Amended Agreement for filing. Further, as described in Part II of this letter, the Joint Filing Parties respectfully request a waiver of the Commission’s prior notice requirements to make the
Amended Agreement effective as of May 14, 2012.

1 16 U.S.C. § 824d (2008).

2 18 C.F.R. § 35.12 (2009).

3 NYISO OATT Attachment X § 30.11.3.

Honorable Kimberly D. Bose May 30, 2012

Page 2

I.Background

The Amended Agreement supersedes a Large Generator Interconnection Agreement (“LGIA”) executed on September 8, 2011, by the NYISO, National Grid, NYSEG, and Nine Mile (collectively, the “Parties”) that was filed in Docket No. ER11-4621-000 as Service Agreement No. 1757 (“Original Agreement”). The Original Agreement was accepted by the Commission on November 4, 2011, effective September 8, 2011.

The Original Agreement accepted by the Commission provided for an uprate to the

existing Nine Mile Point Unit 2 nuclear generating facility located in Oswego, New York

(“Existing Nine Mile Facility”). The Original Agreement provided that Nine Mile would expand
the capacity of the Existing Nine Mile Facility by 168 MW through an uprate project
(“Expansion Project”) for a combined capacity of 1380 MW. Further, the Original Agreement
provided for a “phasing” of the Expansion Project in that the Large Generating Facility was
expected to operate at 1327 MW beginning in June 2012 and at its total capacity of 1380 MW
beginning in June 2014.

The Original Agreement contained non-conforming provisions to recognize the unique circumstances associated with the conversion of the three-party Pro Forma LGIA into a fourparty agreement to accommodate two Connecting Transmission Owners, and to recognize the unique characteristics of this nuclear generating facility.

II.Discussion of Changes

Since the filing of the Original Agreement, Nine Mile has advanced the milestones

related to the Expansion Project such that the Large Generating Facility will have a capacity of 1380 MW beginning in June 2012. This alleviates the need for a two-phased approach as
anticipated by the Original Agreement. The Joint Filing Parties therefore submit this Amended Agreement to reflect the modifications to the Original Agreement.

Specifically, the Amended Agreement modifies the Original Agreement as follows:

• The body of the Amended Agreement reflects the following ministerial modifications to
the body of the Original Agreement: (1) a new effective date; (2) changes to reflect that
this is an “Amended and Restated” Interconnection Agreement; (3) updated page
references in the Table of Contents; and (4) changes to reflect the updated title of the
NYISO signatory;

• Appendix A reflects an alternative model number for the revenue meters that are part of
the Developer’s Attachment Facilities for the Expansion Project because the affected
parties have agreed to use the next generation of meter, which provides improved
accuracy and communications capability;

• The one-line diagram at Figure A-1 has been modified in that a footer has been added to
clearly indicate that it is Critical Energy Infrastructure Information (“CEII”);

Honorable Kimberly D. Bose May 30, 2012

Page 3

• Appendix B reflects updated dates in the Milestone table;

• Appendix C reflects the following modifications: (1) deletion of language regarding the
anticipated phasing of the Expansion Project between June 2012 and June 2014; (2)
revisions to recognize the completion of certain engineering and procurement work; the
termination of the Engineering, Procurement & Construction Services Agreement (“EPC
Agreement”), and reductions to Nine Mile’s security posting and payment obligations
that resulted from termination of the EPC Agreement; (3) revisions to recognize the
cancellation of the interconnection agreement among National Grid, NYSEG and Nine
Mile that preceded the Original Agreement, the cancellation of such prior agreement
having been accepted by the Commission in Docket No. ER11-4714 since the filing of
the Original Agreement.

The blacklined Amended Agreement attached to this filing shows all of these changes that were made to the currently effective Original Agreement. The Parties respectfully request that the Commission accept this Amended Agreement.

III. Proposed Effective Date and Request for Waiver of Notice Requirement

The Joint Filing Parties request May 14, 2012, as the effective date for the Amended

Agreement, which is the date of execution. The Joint Filing Parties respectfully request that the Commission waive the prior notice requirement in order to permit the requested effective date. The Commission has previously permitted interconnection agreements to become effective upon the date of execution.4

IV.Request for CEII Treatment

Pursuant to the Commission’s regulations at 18 C.F.R. §388.112 and 18 C.F.R. §

388.113, National Grid, with the concurrence of the other Parties, requests that the one-line

diagram designated as Figure A-1 in Appendix A of the Amended Agreement be protected from
disclosure as CEII. This one-line diagram contains detailed, one-line schematics of transmission
lines, the Scriba Substation, and the Large Generating Facility that, if disclosed, could pose a
threat to the reliability of the New York State bulk power system and to the health and safety of
New York residents. National Grid represents that the one-line diagram meets the definition of
CEII set forth in 18 C.F.R. § 388.113(c) because (i) it includes detailed information regarding the
physical attributes of the bulk power system; (ii) it contains data that, if disclosed, could pose a
threat to the security and the reliability of the New York State bulk power system; (iii) it contains
information exempt from mandatory public disclosure under 5 U.S.C. § 552(b)(7)(F) because its

4 See, e.g., New York Independent System Operator, Inc. and New York State Electric & Gas Corporation,
Docket No. ER11-2953-000 (April 7, 2011) (accepting interconnection agreement effective as of date of execution);
see also New York Independent System Operator, Inc. and Niagara Mohawk Power Corp., Letter Order, Docket No.
ER08-985-000 (June 26, 2008) (same); New York Independent System Operator, Inc. and New York Power
Authority, Letter Order, Docket No. ER08-861-000 (May 27, 2008) (same); New York Independent System
Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER08-699-000 (May 16, 2008) (same).

Honorable Kimberly D. Bose May 30, 2012

Page 4

disclosure could endanger the life or physical safety of New York residents;5 and (iv) it provides
more than simply the general location of critical infrastructure. Moreover, the Commission has
determined that CEII is exempt from the mandatory public disclosure requirements of the
Freedom of Information Act (“FOIA”) under the exemption 5 U.S.C. 552(b)(7)(F).6 This
material has been omitted from the Public version of the Amended Agreement included in this
filing. The material is included only in the CEII version of the Amended Agreement in the
filing.

All communications related to this request for CEII treatment should be addressed to the following:

William Malee

Director, Transmission Commercial Services National Grid

40 Sylvan Road

Waltham, MA 02451
Tel: 781-907-2422
Fax: 781-907-5707

Bill.Malee@us.ngrid.com

V.Communications and Correspondence

The following persons should be included in the official service list in this proceeding and all communications concerning this filing should be addressed to them:

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
skeegan@nyiso.com

* - Designated to receive service.

5 FERC has indicated that CEII is exempt from mandatory disclosure under exemption 7(F) of FOIA. 5

U.S.C. § 552(b)(7)(F). See, e.g, In re Baumgardner, 122 FERC ¶ 62,068 (Jan. 25, 2008); In re Kritikson, 122 FERC ¶ 62,020 (Jan. 11, 2008); In re Hala Ballouz, 119 FERC ¶ 62,204 (June 8, 2007).

6 See id.

*William L. Malee

Director, Transmission Commercial Services National Grid

40 Sylvan Road

Waltham, MA 02451
Tel: 781-907-2422
Fax: 781-907-5707

Bill.Malee@us.ngrid.com
* - Designated to receive service.

For NYSEG

*Mark A. Chier

Electric Transmission Services
New York Electric & Gas Corporation

18 Link Drive

Binghamton, NY 13904-3222 Tel: (607) 762-8073

Fax: (607)762-8666
machier@nyseg.com

* - Designated to receive service.

VI.Documents Submitted

*Amanda C. Downey

Counsel for National Grid USA
Service Company, Inc.

40 Sylvan Road

Waltham, MA 02451-1120 Tel: 781-907-2136

Fax: 781-907-5701

Amanda.Downey@nationalgrid.com

*Jeffrey R. Clark

Bond, Schoeneck & King, PLLC 350 Linden Oaks, Suite 310

Rochester, NY 14625-2825 Tel: (585) 362-4721

Fax: (585) 362-4701 jrclark@bsk.com

Honorable Kimberly D. Bose May 30, 2012

Page 6

VII. 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.

VIII. Conclusion

For the foregoing reasons, the Joint Filing Parties respectfully request that the

Commission accept this Amended Agreement for filing with an effective date of April [insert],
2012.

Respectfully submitted,

/s/ Sara B. Keegan

Sara B. Keegan
Counsel for the

New York Independent System Operator, Inc.

/s/ Amanda C. Downey

Amanda C. Downey Counsel for

National Grid USA Service Company, Inc.

/s/ Jeffrey R. Clark__________________________ Jeffrey R. Clark

Counsel for

New York State Electric & Gas Corporation