August 16, 2018
By Electronic Delivery
Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: New York Independent System Operator, Inc., Compliance Filing
Docket No. ER17-2327-001
Dear Secretary Bose:
The New York Independent System Operator, Inc. (“NYISO”) hereby submits this
compliance filing to remove language from its Open Access Transmission Tariff (“OATT”)1 as
directed by the Federal Energy Regulatory Commission (“Commission”) in its July 25, 2018,
Order Granting Clarification and Directing Compliance in the above-captioned proceeding.2
I.BACKGROUND
On August 18, 2017, the NYISO filed, pursuant to Section 205 of the Federal Power Act,
proposed revisions to Section 6.10 and Attachment Y of its OATT to establish a mechanism for
the recovery of the costs of any regulated transmission project that is eligible for cost allocation
and recovery in the NYISO’s Comprehensive System Planning Process.3 The Commission
accepted the tariff revisions on October 17, 2017, having rejected the concerns raised by the New
York Transmission Owners4 regarding the addition of “to the extent permitted by the
Commission in accordance with its regulations on abandoned plant recovery” to Section 31.2.8.2
of Attachment Y to the OATT, due to a lack of explanation of their position.5
1 Capitalized terms not otherwise defined herein have the meaning set forth in Section 1 of the NYISO
OATT.
2 New York Indep. Sys. Operator, Inc., 164 FERC ¶ 61,052 (July 25, 2018) (“July 25 Order”).
3 New York Indep. Sys. Operator, Inc., Proposed Revisions Regarding Cost Recovery for Regulated Transmission Facilities, Docket No. ER17-2327-000 (August 18, 2017).
4 The New York Transmission Owners include Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New York Power Authority, New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, Orange and Rockland Utilities, Inc., Power Supply Long Island, and Rochester Gas and Electric Corporation.
5 New York Indep. Sys. Operator, Inc., 161 ¶ 61,045, at P 9 (October 17, 2017) (“October 17 Order”).
10 Krey Boulevard, Rensselaer, New York 12144 | www.nyiso.com
Honorable Kimberly D. Bose August 16, 2018
Page 2
The New York Transmission Owners’ subsequently sought clarification or, in the
alternative, rehearing of the October 17, 2017 order.6 In its July 25 Order, the Commission
granted clarification and found that the added provision does not alter a New York Transmission
Owner’s ability under the OATT and the agreement between the NYISO and the New York
Transmission Owners on the comprehensive planning process for reliability needs (“the
Reliability Agreement”) to seek and obtain, as permitted by the Commission, full cost recovery
for a regulated backstop solution when the project is abandoned under certain circumstances set
forth in Section 31.2.8.2.1 of Attachment Y to the OATT.7 Given this clarification, the
Commission directed the NYISO to remove the phrase “on abandoned plant recovery” from
Sections 31.2.8.2.1, 31.2.8.2.2, 31.2.8.2.5, and 31.2.8.2.6 of Attachment Y.8
II. DESCRIPTION OF TARIFF REVISIONS
In accordance with the July 25 Order, the NYISO submits Sections 31.2.8.2.1, 31.2.8.2.2,
31.2.8.2.5, and 31.2.8.2.6 of Attachment Y to the OATT removing the language as directed by Commission.
III.DOCUMENTS SUBMITTED
The NYISO respectfully submits the following documents with this filing letter:
1. A clean version of OATT Section 31.2.8-31.2.13 (“Attachment I”); and
2. A redline version of OATT Section 31.2.8-31.2.13 (“Attachment II”).
IV.COMMUNICATIONS
Communications and correspondence regarding this filing should be directed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director, Regulatory Affairs *Carl F. Patka, Assistant General Counsel *Brian R. Hodgdon, Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
rstalter@nyiso.com
cpatka@nyiso.com
6 New York Indep. Sys. Operator, Inc., Request for Clarification or, in the Alternative, Rehearing of the New York Transmission Owners, Docket no. ER17-2327-001 (November 16, 2017).
7 July 25 Order at P 8.
8 Id. at P 14.
Honorable Kimberly D. Bose August 16, 2018
Page 3
bhodgdon@nyiso.com
* Persons designated to receive service
V.EFFECTIVE DATE
The NYISO respectfully requests that the Commission grant an October 18, 2017, effective date for the tariff revisions set forth in this compliance filing, which is the same effective date that the Commission accepted in the October 17 Order for the tariff revisions originally proposed in the above-captioned proceeding.
VI.SERVICE
The NYISO will send an electronic link to this filing to the official representative of each
party to this proceeding, 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, the complete filing will be posted on the NYISO’s
website at www.nyiso.com.
VII. CONCLUSION
The NYISO respectfully requests that the Commission accept this compliance filing, with an effective date of October 18, 2017.
Respectfully submitted,
/s/ Carl F. Patka
Carl F. Patka
Assistant General Counsel
New York Independent System Operator, Inc. Tel: (518) 356-6220
Email: cpatka@nyiso.com
cc:Nicole Buell
Anna Cochrane
James Danly
Jignasa Gadani
Jette Gebhart
Kurt Longo
David Morenoff
Daniel Nowak
Larry Parkinson
Douglas Roe
Kathleen Schnorf Gary Will