10 Krey Boulevard Rensselaer, NY 12144
July 12, 2016
By Electronic Delivery
Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Filing of an Executed Large Generator Interconnection Agreement Among the
New York Independent System Operator, Inc., the New York Power Authority,
and Jericho Rise Wind Farm LLC; Request for Waiver of the 60-Day Notice
Period; Docket No. ER16-____-000
Dear Ms. Bose:
Pursuant to Section 205 of the Federal Power Act1 and Section 35.12 of the
Commission’s regulations,2 the New York Independent System Operator, Inc. (“NYISO”) and
the New York Power Authority (“NYPA”) (together, the “Joint Filing Parties”) hereby tender for
filing an executed Large Generator Interconnection Agreement entered into by the NYISO,
NYPA, as the Connecting Transmission Owner, and Jericho Rise Wind Farm LLC (“Jericho
Rise”), as the Developer (the “Jericho Rise Agreement”).3 The Jericho Rise Agreement is
labeled as Service Agreement No. 2276 under the NYISO’s Open Access Transmission Tariff
(“OATT”).
The Joint Filing Parties respectfully request that the Commission accept the Jericho Rise Agreement for filing. With the limited exceptions described in Part I of this letter, the Jericho Rise Agreement conforms to the NYISO’s pro forma Large Generator Interconnection
Agreement (“Pro Forma LGIA”) that is contained in Attachment X to the OATT. Further, as described in Part II of this letter, the Joint Filing Parties respectfully request a waiver of the
Commission’s prior notice requirements4 to make the Jericho Rise Agreement effective as of June 29, 2016, which is the date of its execution.
1 16 U.S.C. § 824d (2014).
2 18 C.F.R. § 35.12 (2014).
3 Capitalized terms that are not otherwise defined in this filing letter shall have the meaning
specified in Attachments S or X of the NYISO OATT, and if not defined therein, in the NYISO OATT and NYISO Market Administration and Control Area Services Tariff.
4 See Prior Notice and Filing Requirements Under Part II of the Federal Power Act, 64 FERC ¶ 61,139, clarified, 65 FERC ¶ 61,081 (1993).
Honorable Kimberly D. Bose July 12, 2016
Page 2
I.Discussion
A.Background
Jericho Rise is constructing a 77.7 MW wind farm that will be located in Franklin
County, New York (“Facility”). The Facility will consist of thirty-seven Gamesa G114 2.1 MW turbines. Additional details regarding the Facility can be found in Appendix C of the Jericho
Rise Agreement.
The Facility will interconnect to certain transmission facilities of NYPA that are part of the New York State Transmission System. The Point of Interconnection will be at the existing 115 kV Willis Substation between the existing 115 kV Breaker 1108 and new 115 kV Breaker 1114. Figure A-1 of Appendix A of the Jericho Rise Agreement provides a one-line diagram showing the Point of Interconnection.
B. The Jericho Rise Agreement Closely Conforms to the Pro Forma LGIA
Contained in Attachment X of the NYISO OATT
The Jericho Rise Agreement was executed on June 29, 2016, by the NYISO, NYPA, and
Jericho Rise. The Jericho Rise Agreement closely follows the language in the Pro Forma LGIA
contained in Attachment X of the NYISO OATT. However, the Jericho Rise Agreement does
contain limited variations from the Pro Forma LGIA that are described in this Part I.B. These
variations are necessary because of: (i) NYPA’s unique legal status as a public authority
governed under the New York Public Authorities Law, and (ii) the unique circumstances of
Jericho Rise’s project. The Joint Filing Parties submit that these changes specified below satisfy
the Commission’s standard for variations from the Pro Forma LGIA, because unique
circumstances exist that require a non-conforming agreement.5 Therefore, the Joint Filing
Parties respectfully request that the Commission accept the Jericho Rise Agreement with these
limited non-conforming changes.
1. Variations to Reflect NYPA’s Unique Legal Status
(a) Modifications to Ensure Compliance with New York’s Labor Laws
Section 5.2 of the Pro Forma LGIA lists the general conditions applicable to the
Developer’s Option to Build. The parties have agreed to amend this list of conditions by adding
a statement that the Developer must comply with Section 220 of New York’s labor law, which
requires that for work performed on NYPA’s existing facilities, workman, laborers, and
mechanics must be paid at least the prevailing wage set forth in that statute. Section 220 also
5 See, e.g., PJM Interconnection, LLC, 111 FERC ¶ 61,163 at PP 10-11, reh’g denied, 112 FERC ¶ 61,282 (2005).
Honorable Kimberly D. Bose July 12, 2016
Page 3
addresses pay supplements, work hours, and payroll findings. The Commission has previously accepted this change to the Pro Forma LGIA.6
(b) Modification to Address NYPA’s Eminent Domain Authority
NYPA is a corporate municipal instrumentality and a political subdivision of the State of New York, organized under the laws of New York, and operating pursuant to Title 1 of Article 5 of the New York Public Authorities Law (“PAL”). Under Section 1007 of the PAL, NYPA has the right to take real property through eminent domain when the NYPA Trustees, in their
discretion, deem an eminent domain taking necessary or convenient to acquire real property for the purposes described in this statute. The parties have agreed to modify Section 5.13 of the
Jericho Rise Agreement to make it clear that NYPA can only use efforts to acquire property by eminent domain if and to the extent consistent with New York law (i.e., PAL Section 1007).
NYPA must retain the right to have its Trustees review, on a case-by-case basis, each request for NYPA to exercise its power of eminent domain and to exercise their discretion to approve or
deny such request, consistent with the requirements of New York law. The Commission has
previously accepted this change to the Pro Forma LGIA.7
2. Modifications to Address Execution of Jericho Rise Interconnection
Agreement Prior to Completion of Class Year Study
Jericho Rise has elected to seek both Energy Resource Interconnection Service and
Capacity Resources Interconnection Service (“CRIS”). Jericho Rise is participating in the
ongoing Class Year 2015 Interconnection Facilities Study (“Class Year Study”). The Jericho
Rise Interconnection Agreement was executed prior to the completion of the Class Year Study,
which includes the evaluation of deliverability that determines eligibility for CRIS. Accordingly,
the parties have modified Section 4.1.1 of the Jericho Rise Agreement to provide that the
NYISO’s provision of CRIS is subject to the requirements in Section 6 of Appendix A to the
Jericho Rise Agreement. This provision provides that Jericho Rise may not supply Unforced
Capacity to the New York Control Area from the Facility until it has complied with the
deliverability requirements set forth in Attachment S of the OATT, including acceptance of any
cost allocation for System Deliverability Upgrades and the posting of associated security or
payments. The Commission has previously accepted this change to the Pro Forma LGIA.8
6 See, e.g., New York Independent System Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER15-1895-000 (July 16, 2015) (accepting NYPA-related revisions); New York
Independent System Operator, Inc., Letter Order, Docket No. ER11-2654-000 (February 9, 2011); New York Independent System Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER08-
1507-000 (November 4, 2008).
7 See id.
8 See, e.g., New York Independent System Operator, Inc., Letter Order, Docket No. ER11-2199-
000 (December 28, 2010) (accepting revisions to CRIS requirements in Pro Forma LGIA to reflect the timing of the execution of the interconnection agreement).
Honorable Kimberly D. Bose July 12, 2016
Page 4
II. Proposed Effective Date and Request for Wavier of the 60-Day Notice Period
The Joint Filing Parties request an effective date of June 29, 2016, for the Jericho Rise
Agreement, which is the date of its execution. The Joint Filing Parties respectfully request that
the Commission waive its prior notice requirement to permit the requested effective date. The
Commission has previously permitted interconnection agreements to become effective upon the
date of execution.9
III.Communications and Correspondence
Communications regarding this filing should be directed to:
For the NYISO10
Robert E. Fernandez, General Counsel
Karen Georgenson Gach, Deputy General Counsel
*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
skeegan@nyiso.com
*Ted J. Murphy
Hunton & Williams LLP
2200 Pennsylvania Avenue, NW Washington, D.C. 20037
Tel: (202) 955-1500
Fax: (202) 778-2201
tmurphy@hunton.com
*Michael J. Messonnier Jr. Hunton & Williams LLP 951 East Byrd Street
Richmond, VA 23219
Tel: (804) 788-8200
Fax: (804) 344-7999
mmessonnier@hunton.com
For NYPA:
Justin E. Driscoll, General Counsel
*Andrew F. Neuman, Assistant General Counsel
9 See, e.g., New York Independent System Operator, Inc. and New York State Electric & Gas
Corporation, Docket No. ER11-2953-000 (April 7, 2011) (accepting interconnection agreement effective as of date of execution); see also New York Independent System Operator, Inc. and Niagara Mohawk Power Corp., Letter Order, Docket No. ER08-985-000 (June 26, 2008) (same); New York Independent System Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER08-861-000 (May 27, 2008) (same); New York Independent System Operator, Inc. and New York Power Authority, Letter
Order, Docket No. ER08-699-000 (May 16, 2008) (same).
10 The NYISO respectfully requests waiver of 18 C.F.R. § 385.203(b)(3) (2014) to permit service on counsel in both Washington, D.C. and Richmond, VA.
Honorable Kimberly D. Bose July 12, 2016
Page 5
New York Power Authority 123 Main Street
White Plains., New York 10601 Tel: (914) 390-8028
Andrew.neuman@nypa.gov
*Designated to receive service.
IV. Documents Submitted
The NYISO submits the following documents with this filing letter:
• a clean version of the Jericho Rise Agreement (Attachment I);
• a blacklined version of the Jericho Rise Agreement showing the changes from the
body of the Pro Forma LGIA (Attachment II); and
• the signature pages for the Jericho Rise Agreement (Attachment III).
V.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, and to the New Jersey Board of Public Utilities. In addition, a complete
copy of the Public documents included with this filing will be posted on the NYISO’s website at
www.nyiso.com.
VI. Conclusion
Wherefore, the Joint Filing Parties respectfully request that the Commission accept the Jericho Rise Agreement for filing with an effective date of June 29, 2016.
Respectfully submitted,
/s/ Sara B. Keegan
Sara B. Keegan
Counsel for the
New York Independent System Operator, Inc.
/s/ Andrew F. Neuman_____________
Andrew F. Neuman
Assistant General Counsel
New York Power Authority
