10 Krey Boulevard  Rensselaer, NY 12144

THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR

CONFIDENTIAL INFORMATION. ATTACHMENT I - THE BODY OF REPORT,

ALONG WITH THE REDACTED VERSIONS OF TABLES 1 THROUGH 4 (MARKED PUBLIC) DOES NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL
INFORMATION. ATTACHMENT II - CONFIDENTIAL TABLES, INCLUDES THE UNREDACTED TABLES, WHICH CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION, AND IS SUBMITTED SEPARATELY.

January 15, 2014

Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission 888 First Street, N.E.

Washington, D.C. 20426

Re: Annual Report in Docket No. ER01-3001-000;

Request for Privileged Treatment of Attachment II

Dear Ms. Bose:

Enclosed for filing in the above-referenced docket is the New York Independent System
Operator’s (“NYISO”) annual report to the Federal Energy Regulatory Commission
(“Commission”) on the NYISO’s Demand Side Management programs. By Order dated
February 19, 2010, the Commission directed the NYISO to file this report for informational
purposes only.1

I. List of Documents Submitted

The NYISO submits this filing letter, accompanied by: (i) Attachment I, the NYISO

Report on Demand Response Programs, which includes redactions in Tables 1 through 4 of

confidential, commercially sensitive information, and (ii) Attachment II, which contains the

unredacted versions of Tables 1 through 4. Attachment II also contains a confidential update as to the ongoing enrollment status of resources seeking to participate in the NYISO’s Demand Side Ancillary Service Program.

1 New York Independent System Operator, Inc., Letter Order, Docket Nos. ER01-3001-021, et al. (Feb. 19, 2010).

Kimberley D. Bose, Secretary January 15, 2014

Page 2

II. Request for Confidential Treatment of Attachment II

In accordance with Sections 388.107 and 388.112 of the Commission’s Regulations,2

Article 6 of the NYISO’s Market Administration and Control Area Services Tariff, and Sections

12.1(4) and 12.4 of the NYISO’s Code of Conduct in Attachment F of the NYISO Open Access
Transmission Tariff, the NYISO requests Privileged and Confidential treatment of the contents
of Attachment II to this filing letter. The NYISO also requests that the confidential Attachment
II be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C.
§552.3

Attachment II includes information regarding the number of demand response resources in a load zone that, when aggregated, are not greater than five (5). With such a small number of resources in the load zone, the NYISO’s aggregation of the data reported for that load zone may not sufficiently mask confidential and commercially sensitive Market Participant information
that the NYISO does not make public. Attachment II also includes a brief discussion of the
status of enrollment and registration for the resources seeking to participate in the NYISO’s
Demand Side Ancillary Services Program. This number of resources described in this discussion similarly may not sufficiently mask confidential and commercially sensitive Market Participant information that the NYISO does not make public.

Attachment II, therefore, contains privileged, commercially sensitive, trade secret

information that is exempt from disclosure under 5 U.S.C. §552(b)(4). Disclosure of such

information could cause competitive harm to the affected Market Participants,4 and could

adversely affect competition in the markets administered by the NYISO. For this reason, the

NYISO requests that the contents of Attachment II receive Privileged and Confidential treatment and be exempt from FOIA disclosure. Attachment II is identified and marked in accordance with the Commission’s regulations and rules published by the Secretary’s Office for submitting
Privileged information.

III. Correspondence

Copies of correspondence concerning this filing should be addressed to:

Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs * David Allen, Attorney

New York Independent System Operator, Inc.

10 Krey Boulevard

2 18 C.F.R. §§ 388.107 and 388.112 (2013).

*Ted J. Murphy

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW Washington, D.C. 20037
Tel: (202) 955-1500

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

dallen@nyiso.com

* -- Persons designated for service.

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

Kevin W. Jones

*Michael J. Messonnier, Jr.5 Hunton & Williams LLP

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

mmessonnier@hunton.com

IV. CONCLUSION

WHEREFORE, the New York Independent System Operator, Inc. respectfully requests that the Commission accept this informational filing and treat the contents of Attachment II as Privileged and Confidential and exempt from FOIA disclosure.

Respectfully submitted,

/s/ David Allen

Senior Attorney

New York Independent System Operator, Inc.

10 Krey Boulevard

Rensselaer, New York 12144 (518) 356-7656

cc:Michael Bardee

Gregory Berson

Anna Cochrane

Jignasa Gadani

Morris Margolis

Michael McLaughlin
David Morenoff
Daniel Nowak

5 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.

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 15th day of January, 2014.

/s/ Joy A. Zimberlin

Joy A. Zimberlin

New York Independent System Operator, Inc.

10 Krey Blvd.

Rensselaer, NY 12144 (518) 356-6207