10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. THE BODIES OF THE REPORTS ALONG
WITH THE REDACTED VERSIONS OF THE DEMAND RESPONSE
PROGRAMS REPORT TABLES 2 AND 4 (MARKED PUBLIC) DO NOT
CONTAIN ANY PRIVILEGED OR CONFIDENTIAL INFORMATION.
ATTACHMENT A TO THE DEMAND RESPONSE PROGRAMS REPORT
INCLUDES UNREDACTED TABLES WHICH CONTAIN PRIVILEGED AND
CONFIDENTIAL INFORMATION, AND ARE SUBMITTED SEPARATELY.
June 3, 2013
VIA ELECTRONIC FILING
Kimberly D. Bose
Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Subject: Semi-Annual Reports on Demand Response Programs and New Generation
Projects; Docket Nos. ER01-3001-000 and ER03-647-000.
Dear Ms. Bose:
Enclosed for filing in the above-referenced dockets are the New York Independent System Operator’s (“NYISO’s”) Semi-Annual Reports to the Federal Energy Regulatory Commission (“Commission”) on the NYISO’s Demand Side Management programs and new generation projects in the New York Control Area. This filing is made for
informational purposes only in accordance with the Commission’s delegated orders issued February 19, 2010 and February 23, 2010 in these dockets.
I.List of Documents Submitted
1.This filing letter;
2.NYISO Semi-Annual Compliance Report on New Generation Projects,
June 1, 2013 (Attachment I)
3.NYISO Semi-Annual Compliance Report on Demand Response Programs,
June 1, 2013 - public, redacted (Attachment II)
4. Attachment A to the NYISO Semi-Annual Compliance Report on Demand
Response Programs, June 1, 2013 - CONFIDENTIAL (Attachment III).
II. Request for Confidential Treatment of Attachment A to the NYISO Semi-
Annual Compliance Report on Demand Response Programs
The attached Semi-Annual Compliance Report on Demand Response Programs
(“Demand Response Report”) summarizes the current status of demand response
participation in the NYISO’s markets as of June 1, 2013. The Demand Response Report
includes redactions of confidential, commercially sensitive information in Tables 2 and 4.
The redactions are submitted separately as Attachment III to this filing, titled Attachment
A to the NYISO Semi-Annual Compliance Report on Demand Response, which contains
the unredacted versions of Tables 2 and 4 as well as the entirety of Tables 5 and 6.
In accordance with Sections 388.107 and 388.112 of the Commission’s
Regulations,1 Article 6 of the NYISO’s Market Administration and Control Area Services Tariff, Sections 1.0(4) and 4.0 of the NYISO’s Code of Conduct, the NYISO requests Privileged and Confidential treatment of the contents of Attachment III. The NYISO also requests that the Confidential Attachment be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. §522.2
The Confidential Attachment contains commercially sensitive, trade secret
information that is not made public by the NYISO. Disclosure of such information could
cause competitive harm to the affected Market Participants,3 and could adversely affect
competition in the markets administered by the NYISO. This information includes the
number of demand response resources in a load zone that, when aggregated, are not greater
than five (5). The confidential attachment also contains information on NYISO’s Demand
Side Ancillary Service Program (“DSASP”), as total enrollment in the entire program is
less than five (5) resources as well. With such a small number of resources in the load
zone or program, the NYISO’s aggregation of the data reported for that load zone or
program may not sufficiently mask confidential and commercially sensitive Market
Participant information. Further, because this confidential, commercially sensitive
information is exempt from disclosure under 5 U.S.C. §522(b)(4), the NYISO requests that
the contents of Attachment III receive Privileged and Confidential treatment and be exempt
from FOIA disclosure. Attachment III is identified and marked in accordance with the
1 18 C.F.R. §§ 388.107 and 388.112 (2011).
2 The information provided by the NYISO for which the NYISO claims an exemption from FOIA disclosure is labeled “Contains Privileged Information - Do Not Release.”
3 Terms with initial capitalization not defined herein have the meaning set forth in the NYISO’s Market Administration and Control Area Services Tariff.
Commission’s regulations and rules published by the Secretary’s Office for submitting privileged information.4
III.Correspondence
Copies of correspondence concerning this filing should be addressed to Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs Gloria Kavanah, Senior Attorney
*David Allen, Senior Attorney
*Kristin A. Bluvas, Attorney
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com
gkavanah@nyiso.com
dallen@nyiso.com
kbluvas@nyiso.com
*person designated to receive service
Respectfully Submitted
/s/ Kristin A. Bluvas
Kristin A. Bluvas Counsel,
New York Independent System Operator, Inc.
4 Federal Energy Regulatory Commission Submission Guidelines, July 1, 2010, page 2.
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, NY this 3rd day of June, 2013.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207
