The Atlantic Building
950 F Street, NW
Washington, DC 20004-1404
202-239-3300
Fax: 202-654-4823
www.alston.com
July 30, 2013
The Honorable Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re:Niagara Mohawk Power Corporation d/b/a/ National Grid
Docket No. ER13-___-000
Notice of Cancellation of Service Agreement No. 1743
Dear Secretary Bose:
Pursuant to Section 35.15 of the Federal Energy Regulatory Commission’s
(“Commission”) regulations,1 Niagara Mohawk Power Corporation d/b/a National Grid
(“Niagara Mohawk”) submits for Commission acceptance this Notice of Cancellation of
the Amended and Restated Agreement for the Retail Transmission of Expansion Power
between Niagara Mohawk and the New York Power Authority (“NYPA”), designated as
Service Agreement No. 1743 (“SA 1743”) under the Open Access Transmission Tariff
(“OATT”) of the New York Independent System Operator, Inc. (“NYISO”).
Niagara Mohawk respectfully requests that the Commission accept this Notice of Cancellation of SA 1743 effective June 30, 2013.
I.Background and Justification for Termination
NYPA has historically provided low-cost power to industrial customers located in
New York State through a variety of programs, including Expansion Power (“EP”). SA
1743 addresses the provision of retail transmission service for the delivery of EP and is
Atlanta • Brussels • Charlotte • Dallas • Los Angeles • New York • Research Triangle • Silicon Valley • Ventura County • Washington, D.C.
The Honorable Kimberly D. Bose July 30, 2013
Page 2
listed in Attachment L to the NYISO OATT as a “grandfathered transmission agreement” with an expiration date of June 30, 2013.2
In order to provide for a gradual transition from the retail transmission rates
prescribed by SA 1743 to those prescribed by the NYISO OATT, Niagara Mohawk,
NYPA, and certain Niagara Mohawk industrial customers negotiated an Agreement
Regarding Treatment of Allocation of New York Power Authority Expansion Power and
Replacement Power Beginning January 1, 2012 and Thereafter (the “Phase-In
Agreement”). Under the Phase-In Agreement, SA 1743 is to be terminated effective June
30, 2013, and retail transmission rates for EP will thereafter be provided in the Phase-In
Agreement until expiration of the rate phase-in period thereunder. The Phase-In
Agreement was filed with and accepted by the Commission in Docket No. ER12-367.
In November 2011, Niagara Mohawk filed the currently effective version of SA 1743.3 The Commission accepted the currently effective version of SA 1743 by letter order in December 2011.4
II.Effective Date
For good cause, Niagara Mohawk respectfully requests that the Commission
accept this Notice of Cancellation of SA 1743 effective June 30, 2013. First, NYPA, the
transmission customer under SA 1743, has agreed to the June 30, 2013 termination date.
Second, the June 30, 2013 termination date for SA 1743 has long been a matter of public
record under NYISO OATT Attachment L. And lastly, the June 30, 2013 termination of
SA 1743 is an integral part of the rate phase-in regime established in the Phase-In
Agreement as accepted by the Commission. Therefore, good cause exists to grant the
requested effective date.5
2
SA 1743 was formerly designated as Niagara Mohawk Rate Schedule FERC No. 159 and is listed
under that designation in Attachment L to the NYISO OATT.
3
4
5
Niagara Mohawk filing in Docket No. ER12-333-000, at 2 (Nov. 2, 2011).
Commission letter order, Docket Nos. ER12-331-000, et al. (Dec. 8, 2011).
For good cause shown, the Commission may accept a notice of cancellation effective as of a date
prior to the date of filing.18 C.F.R. § 35.15(a).
The Honorable Kimberly D. Bose July 30, 2013
Page 3
III.Communication
Communications and correspondence regarding this filing should be addressed to
the following individuals:
Amanda C. Downey
Counsel for National Grid
Service Company, Inc.
40 Sylvan Road
Waltham, MA 02451
Tel: (781) 907-2136
amanda.downey@nationalgrid.com
William L. Malee
Director, Transmission Commercial National Grid USA
40 Sylvan Road
Waltham, MA 02451
Tel: (781) 907-2422
bill.malee@nationalgrid.com
IV.Service
Sean Atkins
Bradley R. Miliauskas Alston & Bird LLP 950 F Street, NW
Washington, DC 20004 Tel: (202) 239-3300
sean.atkins@alston.com
bradley.miliauskas@alston.com
Niagara Mohawk has served this filing on NYPA, the NYISO, and the New York Public Service Commission.
The Honorable Kimberly D. Bose July 30, 2013
Page 4
V.Conclusion
For the reasons stated above, Niagara Mohawk requests that the Commission accept this Notice of Cancellation of SA 1743 effective as of June 30, 2013.
Respectfully submitted,
/s/ Sean Atkins
Sean Atkins
Bradley R. Miliauskas
Alston & Bird LLP
950 F Street, NW
Washington, DC 20004 (202) 239-3300
sean.atkins@alston.com
bradley.miliauskas@alston.com
Counsel for Niagara Mohawk Power
Corporation d/b/a National Grid
