10 Krey Boulevard Rensselaer, NY 12144
January 9, 2015
Submitted Electronically
Kimberly D. Bose
Secretary
Federal Energy Regulatory Commission 888 First Street N.E.
Washington, D.C. 20426
Re: New York Independent System Operator, Inc., Refund Report and Request for
Extension if Determined Necessary by the Commission;
Docket No. EL14-89-___
Dear Ms. Bose:
On December 18, 2014, the Federal Energy Regulatory Commission (“Commission”) issued an order in the above-referenced docket directing the New York Independent System Operator, Inc. (“NYISO”) to reopen and resettle GDF Suez Energy Resources, NA’s
(“Suez’s”) billings for the November and December 2012 billing periods (“December
Order”).1 The Commission also directed NYISO to file a refund report detailing the principal amounts plus interest paid to Suez.
The NYISO hereby submits the refund report as well as a description of the process the NYISO is utilizing to resettle Suez’s billings and a request for an extension of time to resettle if the Commission determines an extension is necessary.
I. PROCESS TO RESETTLE SUEZ’S BILLINGS AND REQUEST FOR
EXTENSION TO COMPLY IF NECESSARY
The Commission’s December Order requires the NYISO to “to reopen and resettle
Suez’s billings for the November/December 2012 billing periods based on the corrected meter
data supplied by Con Ed, and to refund over-charges paid by Suez, with interest, calculated
pursuant to 18 C.F.R. § 35.19a (2014), within thirty (30) days of the date of this order.”2
Following issuance of the December Order, the NYISO received an updated Transmission
Owner Load (“TOL”) file from Consolidated Edison Company of New York, Inc. (“Con
Edison”) containing Suez’s corrected meter data for November and December 2012. Based
on the updated TOL file, the NYISO reopened and reprocessed Suez’s billings for the
November and December 2012 billing periods. The NYISO posted the November and
December 2012 refunds along with the regularly scheduled May 2014 final bill on January 6,
1 GDF Suez Energy Resources, NA v. New York Independent System Operator, Inc. and Consolidated Edison Company of New York, Inc., 149 FERC ¶ 61,257 (2014).
2 December Order at Ordering Paragraph (B).
Kimberly D. Bose, Secretary January 9, 2015
Page 2
2015 for twenty-five day review by Customers in accordance with Section 7.4.1.2 of the
NYISO Market Administration and Control Area Services Tariff (“Services Tariff”). The
Commission-ordered refunds and May 2014 final bill will all be included on the February
2015 Monthly Invoice that triggers electronic transfer of funds during the week of February 9,
2015.3 The January 6 posting of a portion of the February 2015 monthly invoice was the first
opportunity available for the NYISO to reflect the November and December 2012
resettlement.4
Suez’s February 2015 Monthly Invoice, posted in part on January 6, 2015, describes
the November 2012 and December 2012 Commission-ordered refunds along with Suez’s
other market activity that is billed on this invoice, pursuant to the tariff-prescribed settlements
process. If the Commission-ordered refund, when netted against Suez’s other February 2015
invoice items, renders Suez a net receiver of monies, the NYISO will transfer funds to Suez
on February 12, 2015. If the refund, when netted against the other February 2015 invoice
items, requires Suez to pay the NYISO, the NYISO will receive funds from Suez on February
10, 2015. The NYISO cannot determine whether Suez will receive money from or pay money
to the NYISO until the February 2015 Monthly Invoice is generated in early February.
The December Order required the NYISO to reopen and resettle Suez’s billings for the
November and December 2012 period within thirty days of the order.5 The NYISO reopened
and issued corrected November and December 2012 billing data to Suez on January 6, 2015 -
well within thirty days of the December Order. While any funds owed to Suez as a result of
the FERC order in this proceeding will not be electronically transferred to Suez until the week
of February 9, 2015, approximately fifty-six days after issuance of the December Order, the
NYISO believes it has complied with the Commission’s directed refund by posting the details
of Suez’s refund on January 6, 2015 for inclusion in the February Monthly Invoice.6
If the Commission believes, however, that the NYISO should have also electronically
processed the exchange of funds related to the refund within thirty days, the NYISO
respectfully requests a thirty-day extension such that the refund can be electronically
processed with all of Suez’s other market activity included on the February 2015 Monthly
Invoice.
3 The February 2015 Monthly Invoice will include adjustments to amounts contained in the weekly invoices
issued in January in addition to the November and December 2012 Commission-ordered refunds and the May 2014 final bill. The November and December 2012 Commission-ordered refunds and the May 2014 final bill were the only components of the February 2015 Monthly Invoice that were posted on January 6, 2015 for
twenty-five day review.
4 If the NYISO determines that corrections or adjustments to an invoice are necessary, the NYISO will provide
all Customers with the details of the corrections or adjustments and provide twenty-five days for Customers to
review the corrected settlement information. If no errors in the implementation of corrections are identified,
the NYISO will issue a finalized close-out settlement in the next regular monthly billing invoice. See Services Tariff Section 7.4.1.2.
5 December Order at Ordering Paragraph (B).
6 As described above, if the NYISO will receive funds from Suez on February 10, 2015after netting the refund against monies owed by Suez, Suez’s refund will be in the form of a credit on February 10, 2015.
Kimberly D. Bose, Secretary January 9, 2015
Page 3
The NYISO is utilizing its normal billing process to ensure the accuracy of all
adjusted invoices being issued pursuant to the December Order.7 The refund due to Suez
requires the re-invoicing of a number of other NYISO Customers. Suez and these additional Customers should be provided with the protections of the NYISO’s normal billing process -
including an opportunity to review the NYISO refund. The time between the January 6, 2015 posting, which in this case includes the Commission-ordered refund, and the electronic
exchange of funds related to the February 2015 Monthly Invoice allows for the impacted
Customers to challenge any calculation errors they may perceive. Therefore, the NYISO
respectfully requests that the Commission allow use of its normal billing processes by
granting this thirty day extension.
II.REFUND REPORT
The NYISO utilized the updated TOL file received from Con Edison to reopen and resettle the November and December 2012 billing periods. Suez is scheduled to receive the following refunds during the week of February 9, 2015, as described above.
For November 2012, Suez will be refunded $325,427.92 for energy, megawatt hours
(“MWh”), that was not actually consumed. This energy refund is based on the MWh
difference between the estimated meter data originally provided to the NYISO and the
updated TOL file that NYISO received from Con Edison after the Commission’s December
Order. Suez will also receive a $25,224.57 refund as a result of its original ancillary services payment for November 2012. Ancillary services are charged or credited based on an entity’s Load Ratio Share.8 The updated TOL file decreased Suez’s Load Ratio Share as a result of its reduced energy consumption for the time period. Suez will receive a $25,448.43 interest
payment for the November 2012 refund.
For December 2012, Suez will be refunded $145,989.56 for energy, MWh, that was
not actually consumed based on the updated TOL file that NYISO received from Con Edison after the Commission’s December Order. Suez will also receive an $8,740.19 refund as a
result of its original ancillary services payment for December 2012, calculated in the same
Load Ratio Share manner as November. Suez will receive a $10,791.20 interest payment for the December 2012 refund.
Suez’s total refund for November and December 2012, as directed by the December Order, is $541,621.87.
III.SERVICE
The NYISO will send an electronic link to this filing to the official representative of
each of its customers, to each participant on its stakeholder committees, to the New York
Public Service Commission, to all parties listed on the Commission’s official service list in
7 See Services Tariff Section 7.4.1.
8 Capitalized terms that are not otherwise defined herein shall have the meaning specified in the NYISO’s Open Access Transmission Tariff and a Market Administration and Control Area Services Tariff.
Kimberly D. Bose, Secretary January 9, 2015
Page 4
Docket No. EL14-89 and to the New Jersey Board of Public Utilities. In addition, the
complete filing will be posted on the NYISO’s website at www.nyiso.com.
IV.CONCLUSION
The NYISO submits this filing to comply with the Commission’s December Order and to respectfully request an extension of time to comply if the Commission determines that an extension is necessary.
Respectfully submitted,
/s/ James H. Sweeney
James H. Sweeney, Attorney
New York Independent System Operator, Inc.
cc:Michael Bardee
Gregory Berson
Anna Cochrane
Jignasa Gadani
Morris Margolis
David Morenoff
Daniel Nowak
Jamie Simler
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 9th day of January, 2015.
By:/s/ John C. Cutting
John C. Cutting
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-7521
