September 5, 2019
The Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Rochester Gas and Electric Corporation and New York Power Authority
Executed Interconnection Agreement
Docket No. ER19-____-000
Dear Secretary Bose:
Pursuant to Section 205 of the Federal Power Act, 16 U.S.C. § 824d and Section
35 of the Commission’s regulations, Rochester Gas and Electric Corporation (“RGE”), an indirect subsidiary of Avangrid, Inc., and New York Power Authority (“NYPA,” and, together with RGE, the “Parties”) hereby submit for filing a Transmission Facilities
Interconnection Agreement (the “IA”) between RGE and NYPA. The IA is labeled as Service Agreement No. 2433 under the New York Independent System Operator’s
(“NYISO”) Open Access Transmission Tariff.
While the Parties did not enter into the pro forma Large Generator
Interconnection Agreement (“Pro Forma LGIA”) contained in Appendix 6 to Attachment X of the OATT, the IA is generally consistent with the Pro Forma LGIA as described below. The Commission has previously accepted similar interconnection agreements for transmission wires-to-wires interconnections filed by public utilities under comparable circumstances.1 The OATT does not contain a pro forma interconnection agreement for transmission interconnections such as the interconnection involved here.
For the reasons discussed below, the Parties request waiver of the 60-day prior
notice to permit the IA to become effective as of the execution date, August 12, 2019.
I.DESCRIPTION OF PARTIES
RGE is public utility subject to the Commission’s jurisdiction that owns
transmission facilities under the operational control of the NYISO. RGE serves residential,
commercial, and industrial retail electric customers in its service territory in and near
Rochester, New York, which territory contains a population of approximately 900,000.
NYPA is a corporate municipal instrumentality and political subdivision of the
State of New York (the “State”), organized under the laws of the State, and operating
pursuant to Title 1 of Article 5 of the New York Public Authorities Law. NYPA’s power
1 See N.Y. Indep. Sys. Operator, Inc. & N.Y. State Elec. & Gas Corp., Docket No. ER16-1230-000
(May 6, 2016); N.Y. Indep. Sys. Operator, Inc., Docket No. ER15-2398-000 (Sept. 18, 2015).
supply customers include the City of New York, the Metropolitan Transportation Authority, the Port Authority of New York, municipalities, co-ops and economic development customers statewide.
II.BACKGROUND
The Rochester Area Reliability Project (“RARP” or the “Project”) will create a new
source for RGE by tapping the NYPA 345kV cross-state lines via a new 345kV to 115kV
substation called Station 255 and constructing two new 115kV transmission lines from
Station 255 to points on RGE’s existing 115kV system. RGE will construct two new
300MVA 115kV lines—one from Station 255 to Station 418 and another from Station 255
to Station 23. A new 345 kV line will be constructed from the new Station 255 to Station
80.
Station 255 will be constructed with 345kV and 115kV breaker-and-a-half
arrangements and two 345/115kV 448MVA transformers. The transmission line scope
includes construction of a new 345kV Circuit 40 (1.3 miles), 115kV Circuit 940 (10.5
miles) and 115kV Circuit 941 (12.0 miles) as well as the relocation of existing 115 kV
Circuit 906 (2.5 miles) and modification of the NYPA 345kV cross-states lines to effect
the interconnection. The Project includes associated protection, control and
communication work at various affected substations.
III.DESCRIPTION OF IA
The rates, terms, and conditions of the IA were agreed to by RGE and NYPA and
are generally consistent with the Pro Forma LGIA. The primary differences between the
IA and the Pro Forma LGIA reflect: (1) the unique circumstances of the agreement, which
addresses the interconnection of transmission facilities operated by the Parties rather than
the interconnection of a generation facility to transmission; (2) the application of the
agreement to transmission facilities, rather than generation facilities; (3) the NYISO is not
a party to the IA; and (4) certain limited requirements are necessary to reflect NYPA’s
unique legal status as a public authority governed under the New York Public Authorities
Law. Key differences include:
• The IA specifies RGE’s and NYPA’s responsibilities for the design,
construction, ownership, operation and maintenance of the transmission
facilities that are needed to interconnect the RARP Project to the New York
State Transmission System. For this reason, the IA does not include
developer options for performing such work;
• The IA does not include the provisions in the Pro Forma LGIA that are
specific to the interconnection of a generating facility, as the agreement
concerns transmission facilities;
•Unlike the Pro Forma LGIA, the IA does not include references to the
NYISO’s interconnection studies in Attachment X of the OATT as the Rochester Area Reliability Project was not evaluated under that process, and clarifies that the provisions of Attachments S and X of the OATT, including the cost-allocation rules and procedures applicable to Attachment Facilities, will not be applicable to or binding upon RGE and NYPA;
• 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 addresses pay supplements, work hours, and payroll
findings. The Commission has previously accepted this change to the Pro
Forma LGIA;2
• Under Section 1007 of the New York Public Authorities Law, 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 such
statute. The Parties have proposed to modify Article 5.13 of the
Interconnection Agreement to make it clear that NYPA can only use efforts
to acquire property by eminent domain if and to the extent consistent with
State law (i.e., New York Public Authorities Law § 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 State law. The Commission has also previously
accepted this specific variation to the Pro Forma LGIA;3 and
•Additional differences agreed upon by RGE and NYPA to reflect the unique
circumstance of the interconnection.
NYSEG and NYPA respectfully request that the Commission accept the IA for filing.
2 See New York Independent System Operator, Inc., New York Power Authority and Consolidated Edison Company of New York, Inc., 139 FERC ¶ 61,180 (June 5, 2012 (accepting interconnection agreement of new transmission tie).
3 Id. See also, New York Independent System Operator, Inc. and New York Power Authority, Docket No. ER15-1895 (July 16, 2015).
IV.REQUEST FOR CEII TREATMENT
Pursuant to the Commission’s regulations at 18 C.F.R. §388.112 and 18 C.F.R. §
388.113, RGE and NYPA request that the one-line diagram included as part of Appendix
A to the Agreement (Figure Appendix A.VI CEII One-Line) and certain other
information that could be useful to a person planning attack on critical infrastructure (the
“Confidential Information”) be protected from disclosure as Critical Energy
Infrastructure Information (“CEII”). The one-line diagram contains one-line schematics
of transmission lines. In addition, the following sections could pose a threat to the
security and the reliability of the New York State bulk power system if disclosed
publicly: System Protection & Control Upgrades of Station 255 to Station 80 (Line HR-1,
Line HR-2, Line 40), Kintigh Substation Upgrades, Circuit Information and Protection
and Communication Requirements of the new Substation - Station 255.
The Confidential Information provides more than simply the general location of
critical infrastructure. Unlike publicly available maps of power transmission lines and
generation and substation facilities, the Confidential Information provides the exact
nature, specific location, and additional potentially harmful information concerning
facilities and transmission lines used to maintain the reliability of the New York State
bulk power system. The System Protection and Control Upgrades, Substation Upgrades,
Newly built Substation, Circuit Information and the one-line diagrams all reveal critical
information related to the facilities and transmission depicted therein that, if disclosed,
could be useful to a person seeking to disable the power grid. Therefore, the disclosure of
these designated CEII sections would pose a threat to the reliability of the New York
State bulk power system and to the health and safety of New York residents. Moreover,
the information revealed in the Confidential Information reveals CEII that FERC has
determined to be exempt from mandatory disclosure under 5 U.S.C. § 552(b)(7)(F). The
Confidential Information has been omitted from the Public version of the IA included in
this filing. The Confidential Information is included only in the CEII version of the IA in
this filing.
V. EFFECTIVE DATE AND REQUEST FOR WAIVER
The Parties respectfully requests that the Commission grant waiver of the 60-day
notice requirement and accept the IA effective August 12, 2019. Good cause exists to
grant waiver. The Commission previously has granted waiver of the 60-day prior notice
requirement where an agreement was filed within 30 days of the commencement of
service.4 In addition, granting waiver is appropriate because it will ensure that the
effective date of the IA aligns with that agreed upon by the Parties. Granting the
4 See, e.g., Ameren Illinois Co., Docket No. ER15-370-000 (Dec. 15, 2014) (unpublished letter
order); S. Cal. Edison Co., Docket No. ER15-76-000 (Nov. 17, 2014) (unpublished letter order);
MidAmerican Energy Co., Docket No. ER13-2399-000 (Nov. 6, 2013) (unpublished letter order).
proposed effective date will have no adverse effect on NYPA, and will have no adverse effect on RGE or its customers.
The Parties respectfully request a waiver of any Commission requirements not
specifically addressed herein necessary to allow the IA to become effective as of August
12, 2019.
VI.COMMUNICATIONS
The individuals indicated below are designated for service under Rule 2010 of
FERC’s Rules of Practice and Procedure. Please direct all correspondence and
communications regarding this filing to:5
Justin Atkins Counsel
Avangrid Service Company One City Center 5th Floor Portland, ME 04101
207.629.1293
Justin.atkins@avangrid.com
Andrew F. Neuman
Assistant General Counsel New York Power Authority 123 Main Street
White Plains, NY 10601 914.390.8028
Andrew.Neuman@nypa.gov
VII. CONTENTS OF FILING
Timothy J. Lynch
Director - Transmission Energy Services
New York State Electric & Gas Corporation
18 Link Drive, PO Box 5224
Binghamton, NY 13902 585.484.6352
tjlynch@nyseg.com
Dan Herrmann
Regional Manager - Transmission New York Power Authority
6520 Glass Factory Road Marcy, NY 13403
315.792.8249
Daniel.Herrmann@nypa.gov
In accordance with the Commission’s eTariff regulations and other filing requirements,6 in addition to this transmittal letter this filing consists of
• a clean CEII Version of the IA (Attachment I);
• a clean Public Version of the IA (Attachment II); and
• a blacklined public version showing the IA’s changes from the NYISO’s
pro forma LGIA (Attachment III).
5 RGE respectfully requests waiver of 18 C.F.R. § 385.203(b)(3) to allow four persons to be added to the service list in this proceeding.
6 18 C.F.R. § 35.3(a)(2).
Copies of this filing have been served by RGE upon the New York Public Service Commission and the New York Independent System Operator, Inc.
VIII. CONCLUSION
For the reasons discussed herein, RGE and NYPA respectfully request that the Commission accept the IA for filing with an effective date of August 12, 2019.
Respectfully submitted,
/s/ Justin Atkins/s/ Andrew F. Neuman
Justin AtkinsAndrew F. Neuman
Counsel for Rochester Gas and ElectricAssistant General Counsel for New York
CorporationPower Authority
