Paul Savage
Associate Counsel
Regulatory Services
February 19, 2020
CONTAINS CRITICAL ENERGY
INFRASTRUCTURE INFORMATION
By Electronic Delivery
Ms. Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, DC 20426
Re: Consolidated Edison Company of New York, Inc.
Docket No. ER20-___-000
Filing of Executed Second Amended and Restated Interconnection Agreement by and between Consolidated Edison Company of New York, Inc. and the Port
Authority of New York and New Jersey and Request for Critical Energy
Infrastructure Information Designation
Dear Secretary Bose:
Pursuant to Section 205 of the Federal Power Act1 and Part 35 of the Commission’s regulations,2 Consolidated Edison Company of New York, Inc. (“Con Edison”) submits for filing the attached executed Second Amended and Restated Interconnection Agreement by and between Con Edison and the Port Authority of New York and New Jersey (“Port Authority”) (the “2020 IA”), designated as Service Agreement No. 1162 .
The 2020 IA replaces the Revised and Restated Interconnection Agreement dated January
7, 2008 by and between Con Edison, KIAC Partners, and the Port Authority (“2008 IA”), which
was filed with and accepted for filing by the Commission in 2008.3 The expiration date for the
1 16 U.S. C. § 824d (2018).
2 18 C.F.R. pt. 35 (2019).
3 The 2008 IA was filed on February 21, 2008 in Docket No, ER08-586-000 and was accepted for filing by letter
order issued March 25, 2008. The 2008 IA amended the original Interconnection Agreement dated January 11, 1993
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2008 IA was on or about January 31, 2020, and the Port Authority and Con Edison (the
“Parties”) desire to restate and extend the Interconnection Customer’s interconnection rights by entering into the 2020 IA.4
As described below, the 2020 IA is being filed as a two-party agreement that is largely based on but does not fully conform with the pro-forma Large Generator Interconnection
Agreement (“LGIA”) contained in the New York Independent System Operator, Inc. (“NYISO”) Open Access Transmission Tariff (“OATT”).
I.EFFECTIVE DATE
Con Edison proposes that the 2020 IA be effective as of February 19, 2020, which is one day after the filing date,, and requests that the Commission waive the requirements of Part 35 of its regulations (18 CFR Part 35) to permit that effective date. The amendment to the Original IA will not alter Con Edison’s rates or revenues.
II. THE 2020 INTERCONNECTION AGREEMENT
The 2008 IA provides for the interconnection of the Port Authority’s 138kV radial line
and indirectly, the electric generator that KIAC Partners leases and operates at Kennedy Airport,
to Con Edison’s Jamaica substation. KIAC Partners leases and operates the generating facility,
an approximately 120-megawatt cogeneration facility (the “Generating Facility”), from the Port
Authority, the current designated Interconnection Customer. The Generating Facility is
connected to a ring bus owned by the Port Authority, and the ring bus is connected to a 138 kV
line and associated facilities (the “138kV Line”) owned by the Port Authority. The 138kV Line
is connected to Con Edison’s 138kV Jamaica Substation, which is part of its jurisdictional
transmission system.
Because the 138kV Line, Ring Bus, and the Generating Facility are existing facilities,
the Parties have agreed to certain terms and conditions that, where appropriate, vary from the
NYISO’s pro forma LGIA. Specifically, the terms relating to the construction, testing and
invoicing of a new facility have been deleted for the 2020 IA because they do not apply
given that the facilities that are the subject of the 2020 IA already exist. The parties to the
2020 IA are the Port Authority and Con Edison. KIAC is not a party to the 2020 IA because
it is not directly connected to a Con Edison transmission facility. However, the provisions in
the NYISO’s pro-forma LGIA that relate to communications, operations, and maintenance
of a generating facility are covered by the 2020 IA because the 2020 IA provides that the
Port Authority will cause KIAC to comply with such requirements.5 In addition, the 2020 IA
gives the Port Authority the unilateral right to assign its rights and obligations under the
2020 IA to KIAC. The provisions in Appendix C of the 2020 IA concerning “Power Factor
by and between Con Edison, KIAC partners and the Port Authority, which was filed on April 12, 1993 in Docket No. ER93-568-000 and was accepted for filing by letter order issued June 12, 1995.
4 The Con Edison is continuing to provide interconnection service under the 2008 IA until it is replaced by the 2020
IA.
5 For example, see sections 4.1.2,8.1 “Interconnection Customer’s Obligations (communication),” 9.3
“Interconnection Customer’s Obligations (Operations),” 9.5.4 “Voltage Regulation,” 9.5.5 “ Primary Frequency Response,” and 9.6.1.2 “Outage Schedules.”
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Design” and “Voltage Scheduling” reflect Con Edison’s current requirement that are applied
to all proposed generator projects. The obligations contained in the “Ownership and
Maintenance provisions of Appendix C are a continuation of the obligations contained in the
2008 IA.
Commission precedent supports acceptance of the 2020 IA that does not include the
NYISO as a party in these circumstances. In proceedings on interconnection agreements
between Niagara Mohawk and generation subsidiaries of Alliance Energy that were modeled
on the NYISO’s pro-forma interconnection agreement (“Alliance LGIAs”), the Commission
found that NYISO did not need to be a party to the two-party Alliance Energy LGIAs for the
following reasons:
[T]hey are not the type of new generator interconnection
agreements envisioned by Order No. 2003; rather they are more
like after-the-fact interconnection operating agreements that
govern the terms, conditions, and rates associated with the
continued operation and maintenance of previously constructed
facilities built to accommodate the interconnection of the
Alliance generators to Niagara Mohawk’s transmission system.
Accordingly, we will not require NYISO to be a signatory to
these unexecuted IAs.6
Like the Alliance LGIAs, the 2020 IA is not a new interconnection agreement of the type
envisioned by Order No. 2003. Instead, the 2020 IA governs the terms and conditions associated
with the continued operation and maintenance of an existing interconnection consisting of the
138kV Line and an existing generating facility. The 138kV Line and the generating facility were
initially interconnected pursuant to a 1993 interconnection agreement and should be similarly
treated.7
III REQUEST FOR CEII TREATMENT
Pursuant to the Commission’s regulations at 18 C.F.R. §388.112 and 18 C.F.R. §
388.113, Con Edison requests that the one-line diagram included as part of Appendix A to the
Agreement (Figure A-1) be protected from disclosure as Critical Energy Infrastructure
Information (“CEII”). This one-line diagram contains one-line schematics of transmission lines
and the Jamaica Substation which, if disclosed, could pose a threat to the security and the
reliability of the New York State bulk power system. This diagram provides more than simply
the general location of critical infrastructure. Unlike publicly available maps of power
transmission lines and generation and substation facilities, this schematic shows the exact nature,
configuration, and specific location of facilities and transmission lines used to maintain the
6 Niagara Mohawk Power Corp. d/b/a National Grid, 121 FERC ¶ 61,104, at P 22 (2007) (citation omitted).
7 Two-party interconnection agreements are also designated as Service Agreements under the NYISO Open Access Transmission Tariff (“OATT”). See e.g., Consolidated Edison Company of New York, Inc., 119 FERC ¶ 61,206 (2007); Consolidated Edison Company of New York, Inc., Docket No. ER09-1515-000 (Sept. 3, 2009) (unpublished letter order); Niagara Mohawk Power Corp., 121 FERC ¶ 61,183 (2007).
4126-5287-2226.1
reliability of the New York State bulk power system. The drawings 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 this CEII diagram 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 in these schematics contain CEII that
FERC has determined to be exempt from mandatory disclosure under 5 U.S.C. § 552(b) (7) (F).
The diagram has been omitted from the public version of the Interconnection Agreement
included in this filing. The diagram is included only in the CEII version of the Interconnection Agreement in the filing.
IV COMMUNICATIONS AND CORRESPONDENCE
Communications regarding this filing, including the request for CEII treatment, should be directed to:
Paul A. Savage
Associate Counsel
Consolidated Edison Company of New York, Inc.
4 Irving Place
Room 18-834
Phone: (212) 460-2764
Fax: (212) 529-9265
savagep@coned.com
Vitaly Spitsa
Section Manager, Transmission Planning Consolidated Edison Company
of New York, Inc.
4 Irving Place
Room 13-705
Phone: (212) 460-6227
Fax: (212) 529-9265
spitsas@coned.com
V DOCUMENTS SUBMITTED
This filing consists of the following documents:
A. the filing letter;
B. the 2020 IA. public version; and
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C. the 2020 IA. non-public version
VI SERVICE
Copies of this filing have been served on KIAC Partners, the Port Authority, and the
NYISO.
VIICONCLUSION
Wherefore, Con Edison respectfully requests that the Commission accept the 2020 IA effective as of February 20, 2020.
If any questions arise regarding this filing, please contact me at the above address or phone number.
Respectfully submitted,
_/s/ Paul A. Savage__________
Paul A. Savage
Associate Counsel
Consolidated Edison Company of New York, Inc
Enclosures
cc:Amy Fisher, Port Authority of New York and New Jersey;
David Lamoreaux, Calpine;
Sara Keegan, New York Independent System Operator
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