10 Krey Boulevard  Rensselaer, NY 12144

July 8, 2013

By Electronic Delivery

Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission 888 First Street N.E.

Washington, D.C. 20426

Re: Filing of an Executed Second Amended and Restated Large Generator
Interconnection Agreement Among the New York Independent System
Operator, Inc., the New York Power Authority, and Marble River,
LCC; and Request for Waiver of the 60 Day Notice Period; Docket No:
_____________

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 its Large Facility Interconnection Procedures,3 the New
York Independent System Operator, Inc. (“NYISO”) and the New York Power Authority
(“NYPA”) (collectively, the “Joint Filing Parties”) hereby tender for filing an executed Second
Amended and Restated Large Generator Interconnection Agreement (“Second Amended
Agreement”) as Service Agreement No. 1774 among the NYISO, NYPA as the Transmission
Owner, and Marble River, LLC (“Marble River”) as the Developer (collectively, the “Parties”).4
As described below, the Second Amended Agreement supersedes the Large Generator
Interconnection Agreement among the Parties accepted by the Commission on July 25, 2012, in
Docket No. ER12-2098-000. The Joint Filing Parties respectfully request waiver of the
Commission’s 60-day notice requirement to make the Second Amended Agreement effective as
of June 19, 2013, the date the Second Amended Agreement was executed.

I.Background

The Joint Filing Parties initially filed a Large Generator Interconnection

1 16 U.S.C. § 824d.

2 18 C.F.R. § 35.12.

3 The NYISO’s Large Facility Interconnection Procedures are set forth in Attachment X of its Open Access Transmission Tariff (“OATT”).

4 Capitalized terms not otherwise defined in this letter have the meaning set forth in Attachments S, X and Z of the NYISO’s OATT.

Kimberly D. Bose, Secretary July 8, 2013

Page 2 of 6

Agreement as Service Agreement No. 1774 (“Original Agreement”) in Docket No.

ER11-4056-000 on July 15, 2011, to interconnect Marble River’s 216.3 MW wind

generating facility (“Facility”) to the New York State Transmission System for Energy

Resource Interconnection Service.5 The Original Agreement closely tracked the NYISO’s
pro forma Large Generator Interconnection Agreement (“LGIA”), but included certain
non-conforming provisions to reflect the following circumstances specific to the project:

(1) NYPA’s unique legal status as a power authority governed under New York’s Power Authority Act, (2) the unique existence of “common” System Upgrade Facilities shared by Marble River and certain other Class Year 2006 Developers, and (3) necessary
ministerial revisions. The Commission accepted the Original Agreement on September 2, 2011, with an effective date of June 29, 2011.6

On June 25, 2012, the Joint Filing Parties filed an amended version of the Original
Agreement (“Amended Agreement”) in Docket No. ER12-2098-000 to address an
adjustment in the type of turbines for the Facility and a reduction in the number of
turbines.7 The NYISO determined that these changes were not Material Modifications.
The Parties modified the Original Agreement to: (i) amend the description of the required
equipment and technical specifications in Appendices A and C, (ii) update the milestones
in Appendix B, (iii) update NYPA’s contact information in Appendices E and F, and (iv)
revise the cover page and effective date of the agreement. The Commission accepted the
Amended Agreement on July 25, 2012, with an effective date of June 13, 2012.8

II.Description of Changes

Since the filing of the Amended Agreement, Marble River has identified a small
number of updates to the figures, milestones, and contact information in the appendices
of the Amended Agreement. The Joint Filing Parties have agreed to these changes and to
revise the Amended Agreement to reflect these updates. The Joint Filing Parties,
therefore, submit this Second Amended Agreement to reflect these modifications to the
Amended Agreement. In addition, the NYISO recently filed, and the Commission
accepted, revisions to its interconnection procedures in Attachments S, X, and Z of its

5 New York Independent System Operator, Inc. and New York Power Authority, Filing of an Executed Large

Generator Interconnection Agreement Among the New York Independent System Operator, Inc., the New York Power Authority and Marble River, LLC and Request for Waiver of the 60-Day Notice Period, Docket No. ER11-
4056-000 (July 15, 2011).

6 New York Independent System Operator, Inc. and New York Power Authority Letter Order, Docket No. ER11-
4056-000 (September 2, 2011).

7 New York Independent System Operator, Inc. and New York Power Authority, Filing of an Executed Amended and Restated Large Generator Interconnection Agreement Among the New York Independent System Operator, Inc., the New York Power Authority and Marble River, LLC and Request for Waiver of the 60-Day Notice Period, Docket No. ER12-2098-000 (June 25, 2012).

8 New York Independent System Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER12-
2098-000 (July 25, 2012).

Kimberly D. Bose, Secretary July 8, 2013

Page 3 of 6

Open Access Transmission Tariff to improve its interconnection study process, address extensions of a project’s Commercial Operations Date, and make a number of other
clarifying and ministerial revisions.9 These revisions included a small number of changes to the NYISO’s pro forma LGIA.

The Second Amended Agreement modifies the Amended Agreement as follows to insert Marble River’s updates to the appendices and to incorporate the NYISO’s recent revisions to the pro forma LGIA:

•The body of the Second Amended Agreement reflects the following modifications

to the body of the Amended Agreement:

(1) a new effective date - the date of execution of the Second Amended
Agreement;

(2) changes to reflect that the updated version is the “Second Amended and
Restated” version of the LGIA; and

(3) changes to incorporate the NYISO’s recent modifications to its pro forma
LGIA, including: (i) revisions to the definitions in Article 1 to incorporate
the terms “Distribution System” and “Distribution Upgrades,” (ii)
revisions to Section 5.11 to clarify the information that the Connecting
Transmission Owner is required to provide the Developer regarding the
Connecting Transmission Owner’s Attachment Facilities, (iii) revisions to
Section 9.6.3 to correct an outdated NERC criterion reference, and (iv)
additional ministerial revisions.

• Appendix A includes revisions to Figures 2, 2A, and 2B to reflect the “as-built”

status of the NYPA switching station and the Marble River substation, including specifying in the figures the location of certain easements on Marble River’s land for NYPA owned switching station facilities and for NYPA’s access to its
switching station facilities.

•Appendix B reflects updated dates in the Milestone table; and

•Appendix F reflects updated contact information for Marble River.

The blacklined version attached to this filing shows all of these changes that were

9 See, e.g., New York Independent System Operator, Inc., 142 FERC ¶ 61,113 (February 15, 2013) (accepting

interconnection process improvements to NYISO OATT Attachments S, X, and Z, subject to certain modifications); New York Independent System Operator, Inc., Letter Order, Docket No. ER13-588-001 and 002 (April 1, 2013) (accepting tariff revisions to interconnection process to comply with February 15, 2013, order).

Kimberly D. Bose, Secretary July 8, 2013

Page 4 of 6

made to the currently effective Amended Agreement. The Parties respectfully request that the Commission accept this Second Amended Agreement.

III. Proposed Effective Date and Request for Waiver of 60-Day Notice

The Joint Filing Parties request an effective date of June 19, 2013 for the Second
Amended Agreement, which is the date of execution. The Commission has allowed
interconnection agreements to become effective on the date of execution, even when that
date predates the date that the interconnection agreement is filed.10 Accordingly, the
Joint Filing Parties request that the Commission grant a waiver of its prior notice
requirements to the extent necessary to accommodate this requested effective date.

IV. Document Submitted

The NYISO submits the following documents:

1.this filing letter;

2.a clean version of the Second Amended Agreement (Attachment I);

3.a blackline version showing the changes between the Amended Agreement

and the Second Amended Agreement (Attachment II); and

4.a graphic showing the original signatures obtained for the Second Amended

Agreement (Attachment III).

V. Copies of Correspondence

Copies of correspondence concerning this filing should be served on:

For the NYISO

Robert E. Fernandez, General Counsel*Ted J. Murphy

Raymond Stalter, Director of Regulatory AffairsHunton & Williams LLP

* Sara B. Keegan, Senior Attorney2200 Pennsylvania Avenue, NW

10 See, e.g., New York Independent System Operator, Inc. and New York State Electric & Gas Corporation, Letter Order, Docket Nos. ER09-159-000 and 001 (December 11, 2008); New York Independent System Operator, Inc. and Niagara Mohawk Power Corp., Letter Order, Docket No. ER08-985-000 (June 26, 2008).

New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com

skeegan@nyiso.com

For NYPA

New York Power Authority
Judith McCarthy, General Counsel *Andrew F. Neuman, Special Counsel New York Power Authority

123 Main Street

White Plains, New York 10601 Tel: (914) 390-8028

Fax: (914) 390-8038

andrew.neuman@nypa.gov

* -- Persons designated for service.

VI. Service List

Washington, D.C. 20037 Tel: (202) 955-1500

Fax: (202) 778-2201
tmurphy@hunton.com

Kevin W. Jones

*Michael J. Messonnier, Jr.11 Hunton & Williams LLP

951 East Byrd Street
Richmond, VA 23219
Tel: (804) 788-8200
Fax: (804) 344-7999
kjones@hunton.com

mmessonnier@hunton.com

This filing will be posted on the NYISO’s website at www.nyiso.com. In addition, 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.

11 The NYISO respectfully requests waiver of 18 C.F.R. § 385.203(b)(3) (2011) to permit service on counsel for the NYISO in both Washington, D.C. and Richmond, VA.

Kimberly D. Bose, Secretary July 8, 2013

Page 6 of 6

VII. Conclusion

WHEREFORE, for the foregoing reasons, the New York Independent System Operator, Inc. respectfully requests that the Commission accept the attached Second Amended Agreement effective as of June 19, 2013.

Respectfully submitted,

/s/

Sara B. Keegan
Counsel for

New York Independent System Operator, Inc.

/s/

Andrew F. Neuman
Special Counsel

New York Power Authority