New Jersey Board of Public Utilities,
Complainant,

PJM Interconnection, L.L.C., New York Independent System Operator, Inc.,

Consolidated Edison Company of
New York, Inc., Linden VFT, LLC,

Hudson Transmission Partners, LLC and New York Power Authority,

Respondents.

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)Docket No. EL18-54-000
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MOTION OF THE RESPONDENTS

FOR AN EXTENSION OF TIME TO ANSWER COMPLAINT
AND FOR AN EXPEDITED RULING

In accordance with Rules 212 and 2008 of the Commission’s Rules of Practice and

Procedure,1 the Respondents in the above-captioned docket respectfully request additional time to answer the Complaint of the New Jersey Board of Public Utilities (“Complaint”) in this
proceeding. The Commission issued a notice on December 26, 2017 establishing a January 11, 2018 deadline for answers to the Complaint. The Respondents request that this deadline be extended so that answers would not be due until February 23, 2018.2 In addition, the
Respondents ask that the Commission rule on this request by January 3, 2018.

1 18 C.F.R. §§ 385.213 and 2008 (2017).

2 Respondents seek an extension of approximately 45 days after the January 11, 2018 deadline set by the notice. Forty-five days after January 11 is Sunday, February 25, 2018, so Respondents ask that the deadline be set for the Friday before February 25.

I.REQUEST FOR EXTENSION OF TIME

Commission Rule 2008 authorizes extensions of time when “good cause” is shown.
There is ample justification for the Respondents’ requested extension in this proceeding.
The Complaint was filed on Friday, December 22 and not served on the Respondents until the afternoon. The offices of several of the Respondents were either closed or minimally-
staffed on December 22 due to the Christmas holiday. Apart from PJM Interconnection, L.L.C.
(“PJM”), the Respondents had no prior notice that the Complaint would be filed.3 Key personnel
who are necessary to respond to the Complaint are not available due to the holidays and will not
return until after New Year’s Day. Thus, the majority of the answer period established by the
notice will have run before the Respondents will be able to begin working on their answers. The
Commission has routinely extended answer periods in such circumstances.4
In addition, the Complaint is extremely broad in scope. It implicates many questions and a number of other ongoing proceedings. The Complaint addresses interregional coordination between the New York Independent System Operator, Inc. (“NYISO”) and PJM under their Joint Operating Agreement, the interregional allocation of substantial costs under PJM’s Regional Transmission Expansion Plan, the contractual rights of various parties, the interpretation of the 2009 settlement in Docket No. ER08-858, et al., and compliance with Order No. 1000. The

3 The New Jersey Board of Public Utilities notified PJM by telephone on December 21, 2017 that a complaint would be filed the following day.

4 See Michael Canales v. Edison International, et al., Notice of Extension of Time, Docket No. EL14-11-
000, issued January 9, 2014 (granting extension of time to file answer to complaint to account for Christmas and
New Year’s holidays); California Wind Energy Association, et al. v. California Independent System Operator
Corporation, et al., Docket No. EL14-14-000, issued December 26, 2013 (granting extension of time to answer
complaint to account for Christmas and New Year’s holidays); and Louisiana Public Service Commission, et al. v.
Entergy Services, Inc., et al. Notice of Extension of Time, Docket No. EL01-88-015, issued November 23, 2016
(granting extension of time to file briefs on exceptions and briefs opposing exceptions to account for Christmas and
New Year’s holidays).

Complaint also asks the Commission to use this docket to dispose of “inextricably linked”5

pending issues in Docket Nos. EL17-84, EL17-90, EL17-94, ER17-725, ER17-905 and ER17-
950. Each Respondent will need time to consider and respond to all of these issues. This is
especially true in light of the various other Commission proceedings with which each
Respondent is already involved. In particular, the Commission recently initiated Section 206
proceedings in Docket Nos. EL18-33 and EL18-34 regarding fast-start resource pricing in the
NYISO and PJM. These proceedings will require considerable time and attention in the near
future.

The fact that the Complaint targets six different respondents with sometimes overlapping
but sometimes divergent interests further amplifies the need for an extension. It may be
necessary, at least on certain issues, for some Respondents to coordinate their answers. At a
minimum, the Respondents will need time to discuss their respective positions with each other.
These discussions are likely to be extensive but cannot truly get underway until key personnel
return after the holidays.

Finally, granting the requested extension will not harm the interests of the New Jersey
Board of Public Utilities (“NJBPU”). The NJBPU did not request fast-track processing or ask
for Commission action by any particular date. Affording the Respondents a reasonable time to
answer would not prejudice the NJBPU, or New Jersey customers, in any way. By contrast,
granting the requested extension is necessary to protect the rights of the Respondents and to
ensure the orderly development of a complete and accurate record in this proceeding.

In short, the Commission should grant Respondents’ request and extend the deadline for answers in this docket to February 23, 2018.

5 Complaint at 2, 51.

II.REQUEST FOR EXPEDITED RULING

The Respondents also respectfully request that the Commission act promptly and issue a
notice granting the requested extension no later than January 3, 2018. This will enable the
Respondents to develop their answers in an orderly fashion after the holidays. To the extent
necessary to make Commission action by that date possible, the Respondents ask that the
Commission waive the standard five day period for answers to requests for extensions.6

III.CONCLUSION

For the foregoing reasons, the Respondents respectfully ask that the Commission

expeditiously grant the extension requested in this motion, and set February 23, 2018 as the deadline for answers in this docket.

Respectfully submitted,

/s/ Alex M. Schnell

____________________________________ Robert E. Fernandez, General Counsel

Raymond Stalter, Director, Regulatory Affairs Karen G. Gach, Deputy General Counsel

Alex M. Schnell, Assistant General Counsel/ Registered Corporate Counsel

New York Independent System Operator, Inc.

10 Krey Blvd.

Rensselaer, New York 12144

aschnell@nyiso.com

Ted J. Murphy

Hunton & Williams LLP 2200 Pennsylvania Avenue Washington, D.C. 20037 Tel: (202) 955-1500

tmurphy@hunton.com

Counsel for the New York Independent
System Operator, Inc.

6 18 C.F.R. § 385.213(d)(1)((i).

/s/ Gary D. Levenson

_________________________________ Gary D. Levenson

Principal Attorney

New York Power Authority 123 Main Street

White Plains, NY 10601 Tel: (914) 390-8030

Gary.Levenson@nypa.gov

Gary D. Bachman

Van Ness Feldman, LLP

1050 Thomas Jefferson Street, NW Seventh Floor

Washington, DC 20007 Tel: (202) 298-1800

gdb@vnf.com

Counsel for New York Power Authority

/s/ Neil H. Butterklee/s/ Pauline Foley

____________________________________________________________________

Neil H. ButterkleePauline Foley

Associate General CounselAssociate General Counsel

Susan LoFrumentoPJM Interconnection, L.L.C.

Associate Counsel2750 Monroe Blvd

Consolidated Edison CompanyAudubon, PA 19403

of New York, Inc.(610) 666-8248

4 Irving Place, Room 1815-sC: (908) 208-9925

New York, N.Y. 10003Pauline.Foley@pjm.com

(212) 460-1089

butterkleen@coned.comCounsel for PJM Interconnection, L.L.C.

Counsel for Consolidated Edison Company

of New York, Inc.

/s/ William R. Holloway/s/ David L. Schwartz

___________________________________________________________________

William R. Hollaway, Ph.D.David L. Schwartz

Janine DurandNatasha Gianvecchio

Gibson, Dunn & Crutcher LLPTyler Brown

1050 Connecticut Avenue, NWLatham & Watkins LLP

Washington, DC 20036555 Eleventh Street, NW

whollaway@gibsondunn.comSuite 1000

jdurand@gibsondunn.comWashington, DC 20004

Jeff WoodCounsel for Linden VFT, LLC

Senior Vice President
Powerbridge, LLC

501 King’s Highway East, Suite 300 Fairfield, CT 06825

(203) 416-5594

jwood@powerbridge.us

Counsel for Hudson Transmission Partners, LLC

December 28, 2017