MOTION TO INTERVENE AND LIMITED COMMENTS OF
NEW YORK INDEPENDENT SYSTEM OPERATOR, INC.

Pursuant to Rules 211, 212, and 214 of the Rules of Practice and Procedure of the Federal
Energy Regulatory Commission (“Commission”),1 the New York Independent System Operator,
Inc. (“NYISO”) moves to intervene and submits comments concerning one aspect of
Consolidated Edison Company of New York, Inc.’s (“Con Edison’s”) March 18, 2014
Application for Interconnection Order (“Application”) in the above-captioned proceeding.2
In its Application, Con Edison requests that the Commission direct Cogen Technologies Linden Venture, L.P. (“Linden Venture”) to modify the physical connection at its substation
between its facilities and those of Con Edison to permit Con Edison to comply with a directive of
the New York State Public Service Commission. As part of its Application, Con Edison argues
that Linden Venture should be required to adopt an Open Access Transmission Tariff (“OATT”).
Con Edison proposes that Linden Venture might satisfy this requirement by adopting the
NYISO’s OATT and requests that the Commission make a determination that Linden Venture is

1 18 C.F.R. §§ 385.211, 385.212, and 385.214.

2 Consolidated Edison Company of New York, Inc. v. Cogen Technologies Linden Venture, L.P., Application for Interconnection Order, FERC Docket No. TX14-1-000 (March 18, 2014) (“Con Edison Application”).

a “Transmission Owner” under the NYISO’s OATT and subject to certain transmission expansion provisions contained in the OATT.

The NYISO does not take a position regarding Con Edison’s request that the Commission direct Linden Venture to modify its facilities or adopt an OATT. However, in making this
determination, the Commission need not, and should not, address the definition of “Transmission Owner” under the NYISO OATT or the application of the NYISO’s transmission expansion
requirements, for the reasons discussed herein.

I.COMMUNICATIONS

Communications and correspondence regarding this filing should be directed to:

Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs *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
rfernandez@nyiso.com
rstalter@nyiso.com

skeegan@nyiso.com

* -- Persons designated for service.

*Ted J. Murphy

Hunton & Williams LLP 2200 Pennsylvania Ave, NW Washington, DC 20037
Tel: (202) 955-1500

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

*Michael Messonnier3
Hunton & Williams LLP

Riverfront Plaza, East Tower 951 East Byrd Street

Richmond, VA 23219
Tel: (804) 788-8712
Fax: (804) 343-4646

mmessonnier@hunton.com

3 Waiver of the Commission’s regulations (18 C.F.R. § 385.203(b)(3) (2012)) is requested to the
extent necessary to permit service on counsel for the NYISO in both Richmond, VA and Washington,
DC.

II.MOTION TO INTERVENE

The NYISO is a not-for-profit corporation responsible for providing open-access

transmission service, maintaining reliability, conducting bulk electric system planning, and

administrating competitive wholesale markets for electricity, capacity, and ancillary services in
New York State. Con Edison’s Application calls for the Commission to apply the term
“Transmission Owner” under the NYISO’s OATT to Linden Venture. Accordingly, the NYISO
has a direct and substantial interest in the Application. This interest cannot be adequately
represented by any other party, and the NYISO should thus be permitted to intervene in this
proceeding.

III.COMMENTS

The Commission need not, and should not, address in this proceeding on a generic basis
the meaning of the term “Transmission Owner” under the NYISO’s OATT or the application of
the NYISO’s transmission expansion requirements. As described below, a generally applicable
finding regarding the term “Transmission Owner” is not required to address Con Edison’s
Application, could raise additional issues regarding the classification, rights and obligations of
market participants under the NYISO’s tariffs and agreements, and could impact an existing
proceeding currently before the Commission in response to Order No. 1000.
In its Application, Con Edison argues that Linden Venture should be required to adopt an OATT and to grant Con Edison non-discriminatory access to Linden Venture’s transmission facilities.4 Con Edison suggests that Linden Venture could satisfy its open access obligations by adopting the NYISO’s OATT, provided that the requirements in Section 3.7 of the NYISO
OATT regarding the construction by Transmission Owners of customer-requested enhancements

4 Con Edison Application at p 27.

to the transmission system apply to Linden Venture.5 Con Edison requests that the Commission make a determination regarding the scope of the term “Transmission Owner” under the NYISO’s OATT to clarify that Linden Venture is a Transmission Owner that is subject to these
transmission expansion requirements.6

As an initial matter, the Commission is not required to make a determination regarding the meaning of the term “Transmission Owner” under the NYISO’s OATT to conclude whether Linden Venture should be required to modify its facilities or adopt an OATT. Con Edison
merely describes the possibility of Linden Venture adopting the NYISO OATT as one option that could be pursued by Linden Venture to satisfy any open access obligations that the
Commission may find.7 The Commission, however, need not determine in this proceeding whether Linden Venture is a Transmission Owner under the NYISO’s OATT or whether it is subject to the NYISO’s transmission expansion requirements.

Any broad Commission determination regarding the scope of the term “Transmission
Owner” under the NYISO’s OATT could raise additional issues regarding the classification of
market participants and their rights and obligations under the NYISO’s tariffs and agreements.
The potential issues go well beyond the application of the NYISO’s transmission expansion
requirements contained in Section 3.7 of the NYISO OATT. The NYISO’s tariffs and
agreements establish extensive rights and obligations for entities categorized as “Transmission
Owners,” both for individual Transmission Owners and for all of the New York Transmission
Owners acting collectively. These rights and obligations concern, among other things, indemnity

5 Con Edison Application at p 28.

6 Con Edison Application at pp 28-31.

7 Con Edison Application at p 28 (“Linden Venture might satisfy its open access obligation by adopting the NYISO OATT provided that Section 3.7 of that tariff is applicable to Linden Venture.”) (emphasis added).

and limitation of liability requirements specific to Transmission Owners, filing rights specific to
Transmission Owners, the requirements for Transmission Services Charges and NYPA
Transmission Adjustment Charges, and the administration of the NYISO’s Transmission
Congestion Contract auctions. 8 This proceeding is not the appropriate venue for properly
vetting these issues.

The NYISO notes that these issues are already being addressed in response to Order No.
1000. In response to the Commission’s directive in the NYISO’s regional planning process
filing under Order No. 1000, 9 the NYISO has proposed tariff provisions establishing the process
by which an entity, if selected to develop a transmission project, can enroll to be a new
Transmission Owner in New York.10 This process prescribes requirements for the entity to
execute either the existing Agreement Between the New York Independent System Operator and
Transmission Owners (“NYISO/TO Agreement”) or a separate agreement with the NYISO under
terms comparable to the NYISO/TO Agreement, and to turn over operational control of its
transmission facilities to the NYISO.11 The NYISO is currently evaluating the changes to the
NYISO’s existing tariffs and agreements that may be required to accommodate the enrollment of
a new Transmission Owner in New York. In responding to Con Edison’s request in this
proceeding, the Commission should not preempt its determination on the NYISO’s regional
planning compliance filing in the Order No. 1000 proceeding by establishing different,

8 Terms with initial capitalization not defined herein have the meaning set forth in the NYISO’s OATT or, if not therein, in the NYISO’s Market Administration and Control Area Services Tariff.

9 New York Independent System Operator, Inc., Order on Compliance Filing, 143 FERC ¶ 61,059 (2013) at P 27.

10 New York Independent System Operator, Inc. and New York Transmission Owners,

Compliance Filing, Docket No. ER13-102-000 (October 15, 2013) at pp 2-3; see OATT Section 31.1.7.

11 Id.; see OATT Section 31.1.7.

potentially conflicting requirements regarding the meaning and use of the term “Transmission Owner” under the NYISO’s OATT.

For the above-stated reasons, the Commission should not make a generic determination in this proceeding regarding the meaning of the term “Transmission Owner” under the NYISO’s OATT or the applicability of the NYISO’s transmission expansion requirements.

IV.CONCLUSION

WHEREFORE, for the foregoing reasons, the New York Independent System Operator,
Inc., respectfully requests that the Commission grant this motion to intervene and accept these
comments.

Respectfully Submitted,

/s/ Sara B. Keegan

Sara B. Keegan
Counsel to the

New York Independent System Operator, Inc.

April 17, 2014

cc:Michael Bardee

Gregory Berson

Anna Cochrane

Jignasa Gadani

Morris Margolis

Michael McLaughlin
David Morenoff
Daniel Nowak

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 17th day of April, 2014.

By:/s/ John C. Cutting

John C. Cutting

New York Independent System Operator, Inc.

10 Krey Blvd.

Rensselaer, NY 12144 (518) 356-7521