UNITED STATES OF AMERICA
BEFORE THE

FEDERAL ENERGY REGULATORY COMMISSION

TDI USA Holdings Corp.,)

)

Complainant,)

)

v.)Docket No. EL15-33-000

)

New York Independent System Operator, Inc.,)

)

Respondent)

ANSWER ADDRESSING COMPLAINANT’S PROPOSED PROTECTIVE ORDER
OF THE NEW YORK INDEPENDENT SYSTEM OPERATOR, INC.

On December 16, 2014, TDI USA Holdings Corporation (“TDI”) filed a Complaint and Request for Fast Track Processing and Shortened Comment Period (“Complaint”) against the New York Independent System Operator, Inc. (“NYISO”).1 The Complaint included
confidential information in its Attachment B. TDI therefore filed a proposed protective order, as required by Section 388.112(b)(2)(ii) of the Commission’s regulations,2 to govern the treatment of and access to the Attachment B information, as well as other competitively sensitive and
proprietary information that might be produced during the Commission’s consideration of the
Complaint (the “Proposed Protective Order”).

1 On December 18, 2014, the NYISO filed a Preliminary Answer Opposing Fast Track

Processing; and Motion Requesting Additional Time to Answer, a Shortened Answer Period to Motion, and Expedited Action of the New York Independent System Operator, Inc., at p. 1, Docket No. EL15-33-
000 (December 18, 2014) (“Preliminary Answer”).

22 18 C.F.R.§ 388.112(b)(2)(ii).

The NYISO’s Preliminary Answer informed the Commission that the NYISO would

comment on the Proposed Protective Order.3 Accordingly, the NYISO now respectfully submits
this Answer addressing the Proposed Protective Order, which is intended to clarify certain
elements of it. The NYISO intends to file its substantive answer to the Complaint by the January

15 deadline that was established by the Commission.

I. ANSWER ADDRESSING PROPOSED PROTECTIVE ORDER

TDI states that the Proposed Protective Order “is a modified version of the Commission’s
Model Protective Order which creates a new class of protected materials, ‘Highly Sensitive
Protected Materials,’ and is substantively identical to Protective Orders used in other
Commission proceedings.”4 The NYISO compared the Proposed Protective Order to the
protective order approved by the Commission, after incorporating market participant
suggestions, on April 4, 2014 in Docket No. EL12-98 (the “HTP Protective Order”). The HTP
Protective Order is the most recent protective order approved by the Commission in a NYISO
proceeding and, like the Proposed Protective Order, governed access to sensitive information
relevant to the administration of the NYISO’s buyer-side capacity market power mitigation
measures.5 The NYISO therefore has no objection to the use of a protective order modeled on
the HTP Protective Order in this proceeding.

At the same time, TDI has proposed several changes to the HTP Protective Order that are unexplained and which the NYISO does not support. The NYISO therefore asks that the
Commission not adopt those proposed deviations. For clarity and the Commission’s

3 See Preliminary Answer at 1.

4 TDI Transmittal Letter at 2.

5 Hudson Transmission Partners, LLC v. New York Independent System Operator, Inc., 147

FERC ¶ 61,014 (2014). The HTP Protective Order was closely modeled on the one adopted by the

Commission in Docket No. EL11-50-000. See Astoria Generating Co. L.P. and TC Ravenswood, LLC v. New York Independent System Operator, Inc., 136 FERC ¶ 61,155 (2011).

convenience, the NYISO’s proposed changes to the Proposed Protective Order, which, generally,
would restore language from the HTP Protective Order, are shown in blackline in Attachment A
hereto.

First, the NYISO objects to TDI’s insertion of the word “appropriate” before references to the “Non-Disclosure Certificate” in paragraphs 10, 15, 18 and 20 of the Proposed Protective Order. Specifically (emphasis added by NYISO):

• P 10 -- “The term “Reviewing Representative” shall mean a person who has
signed the appropriate Non-Disclosure Certificate.... ”

• P 15 - “Protected Materials shall be treated as confidential by each Participant
and by the Reviewing Representative in accordance with appropriate Non-
Disclosure Certificate executed pursuant to Paragraph 18.”

• P 18 - “A Reviewing Representative shall not be permitted to inspect, participate
in discussions regarding, or otherwise be permitted access to Protected Materials
pursuant to this Protective Order unless that Reviewing Representative has first
executed the appropriate Non-Disclosure Certificate... ”

• P 20 -- “Any Reviewing Representative may disclose Protected Materials to any
other Reviewing Representative entitled to receive the specific category of
Protected Materials under Paragraph 6, as long as the disclosing Reviewing
Representative and the receiving Reviewing Representative both have executed

the appropriate Non-Disclosure Certificate...”

The NYISO is concerned that introducing “appropriate” as a qualifier could add an
unnecessary, and subjective, step into the process of accessing confidential information. For
example, “appropriate” might be read as requiring a party to accept a form of non-disclosure
certificate different from the one approved by the Commission so long as it was subjectively
“appropriate.” To avoid any such potential ambiguity the NYISO proposes to delete references
to “appropriate” certificates in paragraphs 10, 15, 18, and 20.6 Should TDI’s suggested revisions
be intended to distinguish between a Non-Disclosure Certificate and a Non-Disclosure
Certificate for Competitive Duty Personnel, that distinction is clear in the context, and in the

6 The NYISO is also proposing to add a “the” to paragraph 15 to avoid a grammatical error.
3

additional obligations described for Highly Sensitive Protective Material. However, if the Commission believes a change would add clarity, the NYISO suggests that in the above
instances, the language should refer to “Non-Disclosure Certificate or Non-Disclosure
Certificate for Competitive Duty Personnel (as appropriate).”
Second, the NYISO propose a clarifying edit to section 10(b)(1)(i) of the Proposed Protective Order, which specifies the categories of individuals that are permitted to review Highly Sensitive Protected Materials. In the HTP Protective Order, this subsection referenced:
“Members or staff of any state or local utilities commission…”

In the Proposed Protective Order, TDI changed this provision to read:

“A member or staff member of any state or local utilities commission…”

The NYISO is concerned that TDI’s suggestion might create ambiguity between

“members” of regulatory bodies and their staff “members.” The NYISO therefore proposes the
following revision to eliminate any potential for confusion. The revised text would read as
follows:

“A member commissioner or staff member of any state or local utilities commission…”

Third, TDI deleted paragraph 27 of the HTP Protective Order. It is unclear why TDI

proposed this deletion. There does appear to be some overlap between paragraphs 22 and 27 in both the HTP Protective Order and the Proposed Protective Order. But in the absence of a clear rationale for deleting paragraph 27 the NYISO proposes to restore it.

II.CONCLUSION

The NYISO respectfully requests that the Commission accept the modifications to the Proposed Protective Order that are set forth above.

Respectfully submitted,

/s/ Gloria Kavanah Counsel for

the New York Independent System Operator, Inc.

January 5, 2015

cc:Michael Bardee

Gregory Berson
Anna Cochrane
Jignasa Gadani
Morris Margolis
David Morenoff
Daniel Nowak
Jamie Simler

(a)A Participant may designate as protected those materials which customarily are

treated by that Participant as sensitive or proprietary, which are not available to the public, and which, if disclosed freely, would subject that Participant or its customers to risk of competitive disadvantage or other business injury; and

(b) A Participant shall designate as protected those materials which contain critical energy infrastructure information, as defined in 18 C.F.R. § 388.113(c)(1) (“Critical Energy Infrastructure Information”).

3.Definitions -- For purposes of this Protective Order:

4.The term “Competitive Duty Personnel” shall mean any person directly involved in, or having

direct or supervisory responsibilities over, the purchase, sale, or marketing of electricity (including

transmission service) at retail or wholesale, the negotiation or development of participation or cost-

sharing arrangements for transmission or generation facilities, or other activities or transactions of a type with respect to which the disclosure of Highly Sensitive Protected Materials may present an unreasonable risk of harm.

5. The term “Participant” shall mean a Participant as defined in 18 C.F.R. § 385.102(b) in the above

ATTACHMENT A2

Docket No. EL15-33-000

docket.

6.The term “Protected Materials” means

(a)materials (including depositions) provided by a Participant and designated by such

Participant as protected;

(b)any information contained in or obtained from such designated materials;

(c)any other materials which are made subject to this Protective Order by the

Commission, by any court or other body having appropriate authority, or by

agreement of the Participants;

(d)notes of Protected Materials; and

(e)copies of Protected Materials.

The Participant producing the Protected Materials shall physically mark them on each page as

“PROTECTED MATERIALS PROVIDED PURSUANT TO PROTECTIVE ORDER IN FERC

DOCKET NO. EL15-33-000” or with words of similar import so long as the term Protected Materials” is included in that designation to indicate that they are Protected Materials. In addition:

(a) If the Protected Materials contain Critical Energy Infrastructure Information, the

Participant producing such information shall additionally mark on each page containing such information the words “CONTAINS CRITICAL ENERGY INFRASTRUCTURE INFORMATION - DO NOT RELEASE.”

(b) If the Protected Materials contain market sensitive information, public disclosure

of which the disclosing Participant believes in good faith would competitively
harm the Participant, the disclosing Participant shall additionally mark on each page containing such information the words “HIGHLY SENSITIVE
PROTECTED MATERIALS.” Except for the more limited list of persons who qualify as Reviewing Representatives for purposes of reviewing Highly Sensitive Protected Materials, such materials are subject to the same provisions in the
Protective Order as Protected Materials.

7. The term “Notes of Protected Materials” means memoranda, handwritten notes, or any other form of information (including electronic form) which copies or discloses materials described in Paragraph 6. Notes of Protected Materials are subject to the same restrictions provided in this Protective Order for Protected Materials except as specifically provided in this Protective Order.

8. Protected Materials shall not include (A) any information or document contained in the files of
the Commission (unless the information or documents were submitted to the Commission subject to a
request for privileged treatment pursuant to 18 C.F.R. § 388.112, and such information or documents is
accorded privileged treatment by the Commission), or any other federal or state agency, or any federal or
state court, unless the information or document has been determined to be protected by such agency or
court, (B) information that is public knowledge, or which becomes public knowledge, other than through
disclosure in violation of this Protective Order, or (C) any information or document labeled as “Non-

ATTACHMENT A3

Docket No. EL15-33-000

Internet Public” by a Participant, or in accordance with Paragraph 30 of FERC Order No. 630, FERC

Stats. & Regs. 31,140 (2003). Protected Materials do include any information or document contained in the files of the Commission that has been designated as Critical Energy Infrastructure Information.

9.Non-Disclosure Certificates

(a)The term “Non-Disclosure Certificate” means the certificate annexed hereto by which

Participants who have been granted access to Protected Materials, including Protected
Materials marked as “Highly Sensitive Protected Materials” pursuant to Paragraph 6(b),
shall certify their understanding that such access to Protected Materials is provided
pursuant to the terms and restrictions of this Protective Order, and that such Participants
have read the Protective Order and agree to be bound by it. All Non-Disclosure
Certificates shall be served on all parties on the official service list maintained by the
Secretary in this proceeding.

(b) The term “Non-Disclosure Certificate for Competitive Duty Personnel” means the

certificate annexed hereto by which Competitive Duty Personnel shall certify their

understanding that they shall neither have access to, nor disclose, the contents of

Protected Materials that are marked “Highly Sensitive Protected Materials,” any notes or other memoranda, or any other form of information that copies or discloses Protected Materials that are marked as “Highly Sensitive Protected Materials,” and that such
representatives have read the terms and restrictions of this Protective Order applicable to such materials and agree to be bound by them. All Non-Disclosure Certificates for
Competitive Duty Personnel shall be served on all parties on the official service list
maintained by the Secretary in this proceeding.

10.The term “Reviewing Representative” shall mean a person who has signed the

appropriate Non-Disclosure Certificate and:

(a)For purposes of reviewing Protected Materials not covered by Paragraph 6(b) who is:

1.An attorney who has made an appearance in this proceeding for a

Participant;

2. Attorneys, paralegals, and other employees associated for purposes of this

case with an attorney described in Paragraph 10(a)(1);

3. An expert or an employee of an expert retained by a Participant for the purpose of

advising, preparing for or testifying in this proceeding;

4.A person designated as a Reviewing Representative by order of the

Commission; or

5.Employees or other representatives of Participants appearing in this

proceeding with significant responsibility for this docket.

(b)For purposes of reviewing Highly Sensitive Protected Materials covered by

Paragraph 6(b) who is:

1.(i)A commissioner member or staff member of any state or local utilities

commission which is a Participant;

ATTACHMENT A
Docket No. EL15-33-000

(ii)
(iii)

(iv)

(v)

An employee of NYISO working on this case;

An outside attorney who has made an appearance in this proceeding for a Participant;

An attorney, paralegal, and other employee of the law firm of the outside attorney described in Paragraph 10(b)(2) working with such outside

attorney for purposes of this case; or

An outside expert or an employee of an outside expert retained by a Participant for the purpose of advising, preparing for or testifying in this proceeding who is working under the direction of an attorney described in Paragraph 10(b)(2) or 10(b)(3), and who is an unaffiliated expert (or employees thereof) and is not Competitive Duty Personnel.

2. If, after a good faith effort, parties fail to agree on designating a specifically-

named inside employee(s) of a non-governmental Participant as a Reviewing

Representative for the review of specific Highly Sensitive Protected Material(s)
or all Highly Sensitive Protected Material(s), a party may request that the
Commission so designate such a specifically-named inside employee(s) who, for
example, is not directly involved in, or having direct or supervisory
responsibilities over, the purchase, sale, or marketing of electricity (including
transmission service) at retail or wholesale, the negotiation or development of
participation or cost-sharing arrangements for transmission or generation
facilities, or other activities or transactions of a type with respect to which the
disclosure of Highly Sensitive Protected Materials may present an unreasonable
risk of harm; or

3. A person designated as a Reviewing Representative for Highly Sensitive

Protected Materials by order of the Commission specifically ruling on and indicating each such person by name.

11. Protected Materials shall be made available under the terms of this Protective Order only to Participants and only through their Reviewing Representatives.

12. Protected Materials shall remain available to Participants until the later of the date that an order
terminating this proceeding becomes no longer subject to judicial review, or the date that any other
Commission proceeding relating to the Protected Materials is concluded and no longer subject to judicial
review. If requested to do so in writing after that date, the Participants shall, within fifteen (15) days of
such request, return the Protected Materials (excluding Notes of Protected Materials) to the Participant
that produced them, or shall destroy the materials, except that copies of filings, official transcripts, and
exhibits in this proceeding that contain Protected Materials, and Notes of Protected Material may be
retained, if they are maintained in accordance with Paragraphs 13 and 14. Within such time period each
Participant, if requested to do so, shall also submit to the producing Participant an affidavit stating that,
to the best of its knowledge, all Protected Materials and all Notes of Protected Materials have been
returned or have been destroyed or will be maintained in accordance with Paragraphs 13 and 14. To the
extent Protected Materials are not returned or destroyed, they shall remain subject to the Protective

ATTACHMENT A5

Docket No. EL15-33-000

Order.

13. All Protected Materials shall be maintained by the Participant in a secure place. Access to those materials shall be limited to those Reviewing Representatives specifically authorized pursuant to
Paragraphs 15 and 16. The Secretary shall place any Protected Materials filed with the Commission in a non-public file. By placing such documents in a non-public file, the Commission is not making a
determination of any claim of privilege. The Commission retains the right to make determinations
regarding any claim of privilege and the discretion to release information necessary to carry out its
jurisdictional responsibilities.

14. For documents submitted to Commission Staff (Staff), Staff shall follow the notification procedures of 18 C.F.R. § 388.112 before making public any Protected Materials.

15. Protected Materials shall be treated as confidential by each Participant and by the Reviewing Representative in accordance with the appropriate Non-Disclosure Certificate executed pursuant to Paragraph 18. Protected Materials shall not be used except as necessary for the conduct of this
proceeding, nor shall they be disclosed in any manner to any person except a Reviewing
Representative who is engaged in the conduct of this proceeding and who needs to know the
information in order to carry out that person’s responsibilities in this proceeding. Reviewing
Representatives may make copies of Protected Materials, but such copies become Protected Materials. Reviewing Representatives may make notes of Protected Materials, which shall be treated as Notes of Protected Materials if they disclose the contents of Protected Materials.

16. If a Reviewing Representative's scope of employment includes the marketing of energy or

generation assets, the direct supervision of any employee or employees whose duties include the

marketing of energy or generation assets, the provision of consulting services to any person whose duties
include the marketing of energy or generation assets, or the direct supervision of any employee or
employees whose duties include the marketing of energy or generation assets, such Reviewing
Representative may not use information contained in any Protected Materials obtained through this
proceeding to give any Participant or any competitor of any Participant a commercial advantage.

17. In the event that a Participant wishes to designate as a Reviewing Representative a person not described in Paragraph 10, the Participant shall seek agreement from the Participant providing the Protected Materials. If an agreement is reached, that person shall be a Reviewing Representative pursuant to Paragraph 10 with respect to those materials. If no agreement is reached, the Participant shall submit the disputed designation to the Commission for resolution.

18. A Reviewing Representative shall not be permitted to inspect, participate in discussions

regarding, or otherwise be permitted access to Protected Materials pursuant to this Protective Order unless that Reviewing Representative has first executed the appropriate Non-Disclosure Certificate, provided that if an attorney qualified as a Reviewing Representative has executed such a certificate, the paralegals, secretarial, and clerical personnel employed by the same entity as the attorney and
under the attorney’s instruction, supervision, or control need not do so. A copy of each Non-
Disclosure Certificate or Non-Disclosure Certificate for Competitive Duty Personnel (as appropriate) shall be provided to counsel for the Participant asserting confidentiality prior to disclosure of any
Protected Material to that Reviewing Representative.

19. Attorneys qualified as Reviewing Representatives are responsible for ensuring that

ATTACHMENT A6

Docket No. EL15-33-000

persons under their supervision or control comply with this order.

20. Any Reviewing Representative may disclose Protected Materials to any other Reviewing

Representative entitled to receive the specific category of Protected Materials under Paragraph 6, as

long as the disclosing Reviewing Representative and the receiving Reviewing Representative both have executed the appropriate Non-Disclosure Certificate. In the event that any Reviewing Representative to whom the Protected Materials are disclosed ceases to be engaged in these proceedings, or is employed or retained for a position whose occupant is not qualified to be a Reviewing Representative under
Paragraph 10, access to Protected Materials by that person shall be terminated. Even if no longer
engaged in this proceeding, every person who has executed a Non-Disclosure Certificate or Non-
Disclosure Certificate for Competitive Duty Personnel shall continue to be bound by the provisions of this Protective Order and the certification.

21. Subject to Paragraph 28, the Commission shall resolve any disputes arising under this Protective
Order. Prior to presenting any dispute under this Protective Order to the Commission, the parties to the
dispute shall use their best efforts to resolve it. Any Participant that contests the designation of materials
as protected shall notify the party that provided the Protected Materials by specifying in writing the
materials whose designation is contested. This Protective Order shall automatically cease to apply to
such materials fifteen (15) business days after the notification is made unless the designator, within said
15-day period, files a motion with the Commission, with supporting affidavits, demonstrating that the
materials should continue to be protected. In any challenge to the designation of materials as protected,
the burden of proof shall be on the Participant seeking protection. If the Commission finds that the
materials at issue are not entitled to protection, the procedures of Paragraph 27 shall apply. The
procedures described above shall not apply to Protected Materials designated by a Participant as Critical
Energy Infrastructure Information. Materials so designated shall remain protected and subject to the
provisions of this Protective Order, unless a Participant requests and obtains a determination from the
Commission’s Critical Energy Infrastructure Information Coordinator that such materials need not
remain protected.

22. Unless filed or served electronically, all copies of all documents reflecting

Protected Materials, including the portion of other documents which refer to Protected Materials, shall be filed and served in sealed envelopes or other appropriate containers endorsed to the effect that they are sealed pursuant to this Protective Order. Such documents shall be marked “PROTECTED
MATERIALS PROVIDED PURSUANT TO PROTECTIVE ORDER IN FERC DOCKET NO. EL15-
33-000” with the appropriate designation (as relevant) under Paragraph 6 shall be filed under seal and served under seal upon the Commission and all Reviewing

Representatives who are on the service list. Such documents containing Critical Energy Infrastructure
Information shall be additionally marked “Contains Critical Energy Infrastructure Information - Do Not
Release.” For anything filed under seal, redacted versions or, where an entire document is protected, a
letter indicating such will also be filed with the Commission and served on all parties on the service list.
Counsel for the producing Participant shall provide to all Participants who request the same, a list of
Reviewing Representatives who are entitled to receive such material. Counsel shall take all reasonable
precautions necessary to assure that Protected Materials are not distributed to unauthorized persons.

23. If any Participant desires to include, utilize, or refer to any Protected Materials or information
derived there from in testimony or exhibits in these proceedings in such a manner that might require
disclosure of such material to persons other than Reviewing Representatives, such Participant shall first
notify both counsel for the disclosing participant and the Commission of such desire, identifying with

ATTACHMENT A7

Docket No. EL15-33-000

particularity each of the Protected Materials. Thereafter, use of such Protected Material will be governed by procedures determined by the Commission.

24. Nothing in this Protective Order shall be construed as precluding any Participant from objecting to the use of Protected Materials on any legal grounds.

25. Nothing in this Protective Order shall preclude any Participant from requesting the Commission, or any other body having appropriate authority, to find that this Protective Order should not apply to all or any materials previously designated as Protected Materials pursuant to this Protective Order. The
Commission may alter or amend this Protective Order as circumstances warrant at any time during the course of this proceeding.

26.Each party governed by this Protective Order has the right to seek changes in it as

appropriate from the Commission.

27. Unless filed or served electronically all Protected Materials filed with the Commission, or any
other judicial or administrative body, in support of, or as a part of, a motion, other pleading, brief, or
other document, shall be filed and served in sealed envelopes or other appropriate containers bearing
prominent markings indicating that the contents include Protected Materials subject to this Protective
Order and with the appropriate designation (as relevant) under Paragraph 6. Such documents containing
Critical Energy Infrastructure Information shall be additionally marked “Contains Critical Energy

Infrastructure Information -Do Not Release.”

287. If the Commission finds at any time in the course of this proceeding that all or part of the

Protected Materials need not be protected, those materials shall, nevertheless, be subject to the protection afforded by this Protective Order for a time period designated by the Commission, but not less than 15 business days from the date of issuance of the Commission’s decision. None of the Participants waives its rights to seek additional administrative or judicial remedies after the Commission’s decision
respecting Protected Materials or Reviewing Representatives, or the Commission’s denial of any appeal thereof. The provisions of 18 C.F.R.§ 388.112 shall apply to any requests for Protected Materials in the files of the Commission under the Freedom of Information Act. (5 U.S.C. § 552).

298. Nothing in this Protective Order shall be deemed to preclude any Participant from independently seeking through discovery in any other administrative or judicial proceeding information or materials produced in this proceeding under this Protective Order.

3029. None of the Participants waives the right to pursue any other legal or equitable remedies

that may be available in the event of actual or anticipated disclosure of Protected Materials.

310. The contents of Protected Materials or any other form of information that copies or discloses

Protected Materials shall not be disclosed to anyone other than in accordance with this Protective Order
and shall be used only in connection with this proceeding. Any violation of this Protective Order and of
any Non-Disclosure Certificate executed hereunder shall constitute a violation of an order of the
Commission.

321. If a Participant believes that Protected Materials previously distributed to

Reviewing Representatives was not marked as Protected Materials or was not marked with the

appropriate designation under Paragraph 6, the Participant must e-mail Participants on the restricted
service list and the listserv established for e-mail addresses in this proceeding, specifically state which

ATTACHMENT A9

Docket No. EL15-33-000

UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

TDI USA Holdings Corp.

v.Docket No. EL15-33-000

New York Independent System Operator, Inc.

NON-DISCLOSURE CERTIFICATE

I hereby certify my understanding that access to Protected Materials, including any Protected Materials designated as “Highly Sensitive Protected Materials,” is provided to me pursuant to the terms and
restrictions of the Protective Order in this proceeding, that I have been given a copy of and have read the Protective Order, and that I agree to be bound by it. I understand that the contents of the Protected
Materials, any notes or other memoranda, or any other form of information that copies or discloses
Protected Materials, including any Protected Materials designated as “Highly Sensitive Protected
Materials,” shall not be disclosed to anyone other than in accordance with that Protective Order and shall be used only in connection with this proceeding. I acknowledge that a violation of this certificate
constitutes a violation of an order of the Federal Energy Regulatory Commission.

By:Title:

Representing:Date:

ATTACHMENT A10

Docket No. EL15-33-000

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

TDI USA Holdings Corp.

v.Docket No. EL15-33-000

New York Independent System Operator, Inc.

NON-DISCLOSURE CERTIFICATE FOR COMPETITIVE DUTY PERSONNEL

I hereby certify my understanding that access to Protected Materials in the above-captioned case is

provided to me pursuant to the terms and restrictions of the Protective Order in this proceeding, that I
have been given a copy of and have read the Protective Order, and that I agree to be bound by it. I
understand that the contents of the Protected Materials, any notes or other memoranda, or any other
form of information that copies or discloses Protected Materials shall not be disclosed to anyone other
than in accordance with that Protective Order and shall be used only in connection with this proceeding. I acknowledge that I am “Competitive Duty Personnel” as defined in the Protective Order and, as such,
I understand that I shall neither have access to, nor disclose, the contents of the Protected Materials that are marked “Highly Sensitive Protected Materials,” or any notes or other memoranda or any other form
of information that copies or discloses Protected Materials that are marked as “Highly Sensitive
Protected Materials.” I acknowledge that a violation of this certificate constitutes a violation of an order of the Federal Energy Regulatory Commission.

By:

Title:

Representing:
Date:

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 5th day of January, 2015.

/s/ Joy A. Zimberlin

Joy A. Zimberlin

New York Independent System Operator, Inc.

10 Krey Blvd.

Rensselaer, NY 12144 (518) 356-6207