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 ADDITIONAL 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 by an additional fourteen (14) days - from the extended January 25, 2013
deadline for filing answers, interventions, and comments in response to Marble River’s
complaint to February 8, 2013. The temporary deferral will allow the Parties to continue
to negotiate a resolution of their dispute. Due to the imminence of the January 25
comment deadline, the Parties also request expeditious Commission action on this
motion.
As noted in the November 29, 2012 Joint Motion of Parties for Additional
Deferral of Comment Period and Request for Expedited Action (“November 29
Motion”), Marble River, Noble, and NYISO have agreed to attempt to resolve the case
informally. Toward that end, the Parties have been engaged in productive discussions to
attempt to resolve the dispute in this manner and thereby eliminate the need for a
Commission determination of the issues. In order to allow the Parties additional time to
continue such efforts, the Parties respectfully request an extension of the temporary
deferral of the comment period until February 8, 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 further defer the comment period in this proceeding until February 8, 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
2
/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: January 23, 2013
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 23rd day of January, 2013.
/s/ John C. Cutting
John C. Cutting
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-7521