UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
)
Revisions to Public Utility)Docket No. RM15-3-000
Filing Requirements)
COMMENTS OF THE ISO/RTO COUNCIL
Pursuant to the Federal Energy Regulatory Commission’s (“Commission’s”) Notice of Proposed Rulemaking (“NOPR”),1 the ISO/RTO Council (the “IRC”) respectfully submits these comments regarding the FERC Form 566 (Annual Report of Utility’s 20 Largest Purchasers) reporting requirement. For the reasons described below, the IRC strongly supports FERC’s proposal not to require RTOs and ISOs to submit FERC Form 566.
I.IDENTIFICATION OF FILING PARTIES
The IRC is comprised of the Alberta Electric System Operator (“AESO”); California
Independent System Operator Corporation (“CAISO”); Electric Reliability Council of Texas, Inc. (“ERCOT”); the Independent Electricity System Operator (“IESO”); ISO New England Inc. (“ISO-NE”); Midcontinent Independent System Operator, Inc. (“MISO”); New York
Independent System Operator, Inc. (“NYISO”); PJM Interconnection, L.L.C. (“PJM”); and
Southwest Power Pool, Inc. (“SPP”).2
II.COMMENTS
The IRC agrees with the Commission’s proposal that RTOs and ISOs be excluded from
the FERC Form 566 compliance obligation. As the NYISO previously noted in Comments
1 Revisions to Part 46 Filing Requirements, 149 ¶ FERC 61,229 (Dec. 18, 2014).
2 The AESO and IESO are not subject to the Commission’s jurisdiction, and are not joining in
these comments. ERCOT is subject to the Commission’s jurisdiction only for reliability matters pursuant to Section 215 of the Federal Power Act., and is not joining these comments.
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submitted in a prior docket on this matter,3 the NYISO—and, by extension, ISOs/RTOs more
broadly—are appropriately exempted from FERC Form 566. The requirements of the Federal
Power Act that form the basis for the reporting requirements implemented through FERC Form 566 generally do not apply to ISO/RTO directors and officers, and are not required to ensure that those directors and officers are independent from purchasers in the markets they administer.
Further, compliance with completion of FERC Form 566 can pose certain practical difficulties
for operators of wholesale markets.
In this NOPR, the Commission recognizes that “[b]y their nature, RTOs and ISOs are
focused primarily on sales of electric energy for resale. The statute [enabling information
collection pursuant to Form 566] expressly seeks to acquire information about purchasers of
electric energy who purchase ‘for purposes other than for resale.’” The IRC agrees that, given
the enabling statute’s sole focus on purchases of electrical energy “for purposes other than for
resale,” there is no reason to require ISOs/RTOs to expend the potentially significant time and
resources necessary to track their interactions with purchasers “for purposes other than for
resale” and to quantify and rank the purchases made by such customers.
For these reasons, the Commission should exclude ISOs/RTOs from having to submit FERC Form 566.
II.COMMUNICATIONS
Communications and correspondence regarding this filing should be directed to the undersigned as follows:
3 NYISO Comments on Commission Information Collection Activities (FERC-520, FERC-561, FERC-566); Comment Request; Extension, Docket No. IC14-9-000, (May 5, 2014).
2
Craig Glazer*
Vice President - Federal Government Policy Robert Eckenrod
Senior Counsel
PJM Interconnection, LLC
1200 G Street, N.W. Suite 600 Washington, D.C. 20005
glazec@pjm.com
Stephen G. Kozey*
Senior Vice-President, Legal and
Compliance Services, General Counsel and Secretary
Midcontinent Independent System Operator, Inc.
P.O. Box 4202
Carmel, Indiana 46082-4202
skozey@midwestiso.org
Roger E. Collanton
General Counsel
Anna A. McKenna*
Assistant General Counsel-Regulatory
California Independent System Operator Corporation
250 Outcropping Way
Folsom, California 95630
amckenna@caiso.com
* -- Persons designated for service.
III.CONCLUSION
Raymond W. Hepper
Vice President, General Counsel and Corporate Secretary
Theodore J. Paradise*
Assistant General Counsel - Operations and Planning
Margoth R. Caley
Regulatory Counsel
ISO New England Inc.
One Sullivan Road
Holyoke, MA 01040-2841
tparadise@iso-ne.com
Paul Suskie*
Executive Vice President, Regulatory Policy and General Counsel
Southwest Power Pool, Inc.
201 Worthen Drive
Little Rock, AR 72223
psuskie@spp.org
Carl F. Patka
Assistant General Counsel Raymond Stalter
Director, Regulatory Affairs Christopher R. Sharp*
Compliance Attorney
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, New York 12144
csharp@nyiso.com
WHEREFORE, for the foregoing reasons, the IRC respectfully submits these comments in support of the Commission’s NOPR.
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Respectfully submitted,
/s/ Craig Glazer/s/ Theodore J. Paradise
Craig GlazerRaymond W. Hepper
Vice President - Federal Government PolicyVice President, General Counsel and Corporate
Robert EckenrodSecretary
Senior CounselTheodore J. Paradise
PJM Interconnection, LLCAssistant General Counsel - Operations and
1200 G Street, N.W. Suite 600Planning
Washington, D.C. 20005Margoth R. Caley
Regulatory Counsel
ISO New England Inc.
One Sullivan Road
Holyoke, MA 01040-2841
/s/ Stephen G. Kozey/s/ Paul Suskie
Stephen G. KozeyPaul Suskie
Senior Vice-President, Legal andExecutive Vice President, Regulatory Policy and
Compliance Services, General Counsel andGeneral Counsel
SecretarySouthwest Power Pool, Inc.
Midcontinent Independent System201 Worthen Drive
Operator, Inc.Little Rock, AR 72205
P.O. Box 4202
Carmel, Indiana 46082-4202
/s/ Anna McKenna/s/ Christopher R. Sharp
Roger E. CollantonCarl F. Patka
General CounselAssistant General Counsel
Anna A. McKennaRaymond Stalter
Assistant General Counsel-RegulatoryDirector, Regulatory Affairs
California Independent System OperatorChristopher R. Sharp
CorporationCompliance Attorney
250 Outcropping WayNew York Independent System Operator, Inc.
Folsom, California 9563010 Krey Blvd.
Rensselaer, New York 12144
March 2, 2015
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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 2nd day of March, 2015.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207
