June 21, 2017
By Hand Delivery
Hon. Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: New York Independent System Operator, Inc.’s Informational Filing in Docket
No. ER12-2568-000
Dear Ms. Bose:
This filing is submitted to the Commission by the New York Independent System
Operator (“NYISO”) in the above docket for informational purposes only. No action is
requested.
I. Background
In the instant filing, NYISO is submitting to the Commission, for informational purposes,
a copy of the Con Edison System Restoration Plan (“Con Ed Plan) dated June 1, 2017. This
informational filing is made pursuant to Section 15.5 of the NYISO Market Services Tariff,
which states that the NYISO will submit to the Commission a copy of the Con Edison System
Restoration Plan, if revised, within 30 days of receipt. NYISO is requesting non-public and
Critical Energy Infrastructure Information (“CEII”) designation for this document for the reasons
outlined below.
II. CEII Designation/ Request for Exemption from FOIA
The information that the NYISO is providing includes CEII. In accordance with 18
C.F.R. § 388.107, 18 C.F.R. § 388.112 and 18 C.F.R. 388.113 the NYISO hereby requests CEII
designation and an exemption from disclosure under the Freedom of Information Act (“FOIA”)
(5 U.S.C. 552(b)(3)) for the enclosed document titled “Start-Up Procedure for Rapid
Energization of the Con Edison Electrical System After a Complete System Blackout.”
Critical Energy Infrastructure Information Designation
The NYISO respectfully requests the information submitted herewith be treated as non-
public and exempt from disclosure pursuant to 18 C.F.R. § 388.107 and 18 C.F.R. §388.113.
The information that the NYISO is providing to the Commission constitutes CEII, and should be
Honorable Kimberly D. Bose June 21, 2017
Page 2
designated as CEII. As defined by 18 C.F.R. § 388.113, CEII is “specific engineering,
vulnerability, or detailed design information about proposed or existing critical infrastructure
that:
(i)Relates details about the production, generation, transportation, transmission, or
distribution of energy;
(ii) Could be useful to a person in planning an attack on critical infrastructure;
(iii) Is exempt from mandatory disclosure under FOIA, 5 U.S.C. 552; and
(iv) Does not simply give the general location of the critical infrastructure.”
The Con Edison Plan meets the definition of CEII set forth in 18 C.F.R. § 388.113 and
should be designated as such because (i) it identifies and provides connectivity information about
the generators and bulk power transmission substations that are critical for the operation of the
bulk power system in the New York City Area and Westchester County; (ii) such information, if
disclosed, could be useful to a person planning an attack on the New York State power system;
(iii) it is exempted from mandatory disclosure under FOIA (see discussion of FOIA exemptions
5 U.S.C. § 552(b)(3) and 5 U.S.C. § 552(b)(7)(F) below); and (iv) it provides more than simply the general location of critical infrastructure.
Further, the NYISO respectfully requests that the Con Edison Plan be re-designated as CEII should the designation expire pursuant to 18 C.F.R. § 388.113(e)(1), as the NYISO
anticipates that this information will continue to satisfy the definition of CEII for the reasons set forth herein indefinitely.
Request for Exemption from FOIA Disclosure
The Con Edison Plan is exempt from the public disclosure requirements under FOIA pursuant to 5 U.S.C. § 552(b)(3) and §552 (b)(7)(F) for the reasons set forth below.
First, 5 U.S.C. § 552(b)(3) protects documents and data from disclosure under FOIA if the documents or data are specifically exempted from disclosure by statute. Here, the Con
Edison Plan is specifically exempted from disclosure by statute - specifically, 18 C.F.R. §
388.113. As evidenced above, the Con Edison Plan satisfies the definition of CEII in 18 C.F.R. § 388.113. It is therefore exempt from disclosure under 5 U.S.C. § 552(b)(3).
Second, 5 U.S.C. § 552(b)(7)(F) specifically exempts from disclosure under FOIA,
records or information that “could reasonably be expected to endanger the life or physical safety
of any individual.” The disclosure of the Con Edison Plan could pose a threat to the reliability of
the New York State Electric System and to the health and safety of New York residents supplied
from the electric system. Specifically, the Con Edison Plan reveals the detailed plans to restore
the electric system in the New York City Area following an area wide power outage. The Con
Edison Plan identifies the key generation and transmission facilities of the bulk power system
and provides details of the specific actions Con Edison will take to reenergize the system during a blackout event. It contains detailed system diagrams and equipment information. This
Honorable Kimberly D. Bose June 21, 2017
Page 3
information could be used to thwart efforts to restore power to the New York City Area. The Con Edison Plan therefore contains CEII. FERC has determined that CEII is exempt from
mandatory disclosure under this subsection of FOIA.1 For these reasons, the Con Edison Plan is exempt from mandatory disclosure under 5 U.S.C. § 552(b)(7)(F).
The NYISO respectfully requests that, in the event the Commission receives a FOIA
request pertaining to the NYISO’s submittal, the Commission protect the confidentiality of the information identified above by applying the applicable FOIA exemption (or other applicable confidentiality provisions) to exempt the Con Edison Plan from disclosure.
Before the Commission determines that it is necessary or appropriate to make public any
information submitted herewith (whether submitted pursuant to a claim of exemption from FOIA
disclosure, or otherwise), the NYISO respectfully requests that it be given prior notice and an
opportunity to comment on, or object to, the public disclosure of the information it has
submitted.
Please feel free to contact me at the number or email address below with any questions
regarding the enclosed document or NYISO’s requests for exemption from public disclosure.
Respectfully submitted,
/s/ Christopher R. Sharp
Christopher R. Sharp, Compliance Attorney
New York Independent System Operator, Inc.
cc.Richard B. Miller, Associate General Counsel, Consolidated Edison Company of New
York, Inc.
Michael Bardee, Federal Energy Regulatory Commission
Nicole Buell, Federal Energy Regulatory Commission
Anna Cochrane, Federal Energy Regulatory Commission
Kurt Longo, Federal Energy Regulatory Commission
David Morenoff, Federal Energy Regulatory Commission
Daniel Nowak, Federal Energy Regulatory Commission
Larry Parkinson, Federal Energy Regulatory Commission
J. Arnold Quinn, Federal Energy Regulatory Commission
Douglas Roe, Federal Energy Regulatory Commission
Kathleen Schnorf, Federal Energy Regulatory Commission
Jamie Simler, Federal Energy Regulatory Commission
Gary Will, Federal Energy Regulatory Commission
1 See, e.g In re Hala Ballouz, No. CE07-121-000, 119 F.E.R.C. P62,204, 2007 FERC
LEXIS 1058 (June 8, 2007); In re Baumgardner, No. CE08-18-000, 122 F.E.R.C. P62,068, 2008 FERC LEXIS 158 (Jan. 25, 2008); In re Kritikson, No. CE08-26-000, 122 F.E.R.C. P62,020, 2008 FERC LEXIS 33 (Jan. 11, 2008).