UNITED STATES OF AMERICA
BEFORE THE

FEDERAL ENERGY REGULATORY COMMISSION

Hudson Transmission Partners, LLC)

v.)Docket No. EL12-98-000

New York Independent System Operator, Inc.)

NEW YORK INDEPENDENT SYSTEM OPERATOR, INC. REPORT REGARDING
ISSUANCE OF BUYER-SIDE MITIGATION RULE DETERMINATION AND POSTING OF RELATED STAKEHOLDER NOTICE AND INDEPENDENT REPORT

OF THE MARKET MONITORING UNIT

On August 15, 2012, the New York Independent System Operator, Inc. (“NYISO”) filed
a motion for an extension of time to submit its answer to the complaint of Hudson Transmission
Partners, LLC (“HTP”) in this proceeding. 1  The NYISO explained that an extension was
warranted because the Commission’s June 22 Order in Docket No. EL11-42-0002 required it to
issue to Hudson Transmission Partners, LLC (“HTP”) a new determination under the NYISO’s
In-City buyer-side market power mitigation measures.  Concurrent with the issuance to HTP:

(i) the NYISO is required to provide notice to its stakeholders of the exempt or non-exempt
determination; and (ii) the NYISO’s Market Monitoring Unit, Potomac Economics, Ltd.
(“MMU”), is required to issue an independent report on the NYISO’s determination.3  The
NYISO Motion stated that the NYISO intended to issue the HTP determination no later than

1

Motion of the New York Independent System Operator, Inc. for Extension of Time, for Shortened

Response Period, and for Expedited Action, Docket No. EL12-98-000 (August 15, 2012) (“NYISO Motion”).

2

Astoria Generating Company, L.P., et al. v. New York Indep. Sys, Operator, Inc., 139 FERC

¶ 61,244 (2012) (“June 22 Order”).

3

See NYISO Motion at n. 3.

September 7, 2012.4  The Commission subsequently issued a notice granting, an extension of time until September 14, 2012 for the NYISO to file its answer, and for other parties to file comments, in response to the HTP compliant.5

It now appears that it will not be possible to concurrently finalize and post the NYISO’s
HTP determination, the NYISO’s notice to its stakeholders, and the MMU’s independent report
today.  The NYISO is therefore providing this notice to the Commission, and to the parties and
to NYISO stakeholders, that it [anticipates issuing its determination in the next several days.
Consistent with the June 22 Order, the NYISO plans that its notice to stakeholders and the
MMU’s report will be concurrently posted on the same date that the determination is issued.
Respectfully submitted,

/s/Ted J. Murphy________________________ Ted J. Murphy

Counsel to the

New York Independent System Operator, Inc.

September 7, 2012

4

5

See NYISO Motion at 2.

See  Notice of Extension of Time, Docket No. EL12-98-000 (August 22, 2012).

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CERTIFICATE OF SERVICE

I hereby certify that I have this day caused the foregoing document to be served 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 Commission Rules of Practice and Procedure, 18 C.F.R. § 385.2010 (2011).

Dated at Washington, D.C. this 7th day of September, 2012.

/s/  Catherine Karimi

Catherine Karimi

Hunton & Williams LLP

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