Marble River, LLC
Complainant
v.
Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Chateaugay Windpark, LLC, New York Independent System
Operator, Inc.
Respondents
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)
)Docket No. EL13-20-000
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JOINT MOTION OF PARTIES FOR DEFERRAL OF
COMMENT PERIOD AND REQUEST FOR EXPEDITED ACTION
Pursuant to Rule 212 of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission (FERC or Commission), 18 C.F.R. § 385.212 (2012), Marble
River, LLC (Marble River), Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark,
LLC, Noble Chateaugay Windpark, LLC (collectively, Noble), and the New York
Independent System Operator, Inc. (NYISO) (Marble River, Noble, and NYISO
collectively, the Parties) hereby jointly move to defer the comment period in this
proceeding from the December 5, 2012 deadline for filing answers, interventions, and
comments in response to Marble River’s complaint to January 25, 2013. The temporary
deferral will allow the Parties to attempt to negotiate a resolution of their dispute. Due to
the imminence of the December 5 comment deadline, the Parties also request expeditious
Commission action on this motion.
As noted in its November 15, 2012 complaint, Marble River and Noble have had
prior discussions regarding the issues presented in this case that did not result in the
resolution of those issues. Accordingly, Marble River represented in the complaint that
alternative dispute resolution procedures are not likely to be useful in the resolution of
this case. However, since the complaint was filed, Marble River, Noble, and NYISO
have agreed to attempt to resolve the case informally. To the extent that the Parties can
resolve their dispute in this manner, there will be no need for a Commission
determination of the issues. Therefore, the Parties respectfully request a temporary
deferral of the comment period until January 25, 2013 to allow the Parties the opportunity
to achieve a negotiated resolution of the dispute. The Parties will notify the Commission
as to the need for further procedures prior to expiration of the requested deferral.
WHEREFORE, for the reasons set forth herein, the Parties jointly request that the Commission defer the comment period in this proceeding until January 25, 2013. The Parties further request that the Commission act on this motion in an expeditious manner.
Respectfully submitted,
/s/ Margaret A. Moore
Margaret A. Moore
Jessica C. Friedman
Van Ness Feldman, LLP
1050 Thomas Jefferson St., NW Washington, DC 20007
Tel: (202) 298-1800
Fax: (202) 338-2416
mam@vnf.com
jcf@vnf.com
Attorneys for Marble River, LLC
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/s/ Mark C. Williams
Mark C. Williams
Bingham McCutchen LLP 2020 K Street NW
Washington DC 20006
Tel: (202)373.6181
Fax: (202) 373.6001
mark.williams@bingham.com
Michael J. Palmieri Esq.
Senior Vice Present and General Counsel Noble Environmental Power, LLC
8 Railroad Avenue
Essex, CT 06426
Tel: (860) 581.5010
Attorneys for Noble Clinton Windpark I,
LLC, Noble Ellenburg Windpark, LLC,
Noble Chateaugay Windpark, LLC
/s/ Karen Georgenson Gach
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs
*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
kgach@nyiso.com
skeegan@nyiso.com
Counsel for the New York Independent System Operator, Inc.
Dated: November 29, 2012
3
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, New York, this 29th day of November, 2012.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207