10 Krey Boulevard, Rensselaer, NY 12144
Ph: 518.356.6000 | Fax: 518.356.8899
THIS FILING LETTER DOES NOT CONTAIN ANY CEII. ATTACHMENTS I AND II
DO NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL INFORMATION.
ATTACHMENT III INCLUDES A ONE-LINE SCHEMATIC FOR WHICH CEII
DESIGNATION IS REQUESTED IN SECTION III BELOW, AND IS SUBMITTED
SEPARATELY.
February 27, 2020
By Electronic Delivery
Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Joint Filing of an Executed Large Generator Interconnection Agreement Among
the New York Independent System Operator, Inc., New York State Electric &
Gas Corporation, and Baron Winds, LLC; Request for Critical Energy
Infrastructure Information Designation; and Request for Waiver of the 60-Day
Notice Period; Docket No. ER20-____-000
Dear Ms. Bose:
Pursuant to Section 205 of the Federal Power Act1 and Section 35.13 of the
Commission’s regulations,2 the New York Independent System Operator, Inc. (“NYISO”) and
New York State Electric & Gas Corporation (“NYSEG”) (together, the “Joint Filing Parties”)
hereby tender for filing an executed Large Generator Interconnection Agreement entered into by
the NYISO, NYSEG, as the Connecting Transmission Owner, and Baron Winds, LLC (“Baron
Winds”), as the Developer (the “Interconnection Agreement”).3 The Interconnection Agreement
is labeled as Service Agreement No. 2487 under the NYISO’s Open Access Transmission Tariff
(“OATT”).
The Joint Filing Parties respectfully request that the Commission accept the
Interconnection Agreement for filing. With the limited exception described in Part I of this
letter, the Interconnection Agreement conforms to the NYISO’s pro forma Large Generator
Interconnection Agreement (“Pro Forma LGIA”) that is contained in Attachment X to the
OATT. Further, as described in Part II of this letter, the Joint Filing Parties respectfully request a
1 16 U.S.C. § 824d (2012).
2 18 C.F.R. § 35.13 (2017).
3 Capitalized terms that are not otherwise defined in this filing letter shall have the meaning specified in Attachments S or X of the NYISO OATT, and if not defined therein, in the NYISO OATT and NYISO Market Administration and Control Area Services Tariff.
Website: www.nyiso.com | LinkedIn: NYISO | Twitter: @NewYorkISO
Honorable Kimberly D. Bose February 27, 2020
Page 2
waiver of the Commission’s prior notice requirements4 to make the Interconnection Agreement effective as of February 12, 2020, which is the date of its full execution.
I.Discussion
A. Background
As described in the Interconnection Agreement, Baron Winds is constructing a wind farm located in the towns of Cohocton, Wayland, Dansville, and Fremont in Steuben County, New
York (the “Facility”). The Facility will consist of eleven Siemens-Gamesa G114 2.625MW and fifty-six Nordex N117-3.675MW wind turbines, with a total capacity of 234.675 MW.
Additional details regarding the Facility can be found in Appendix A and Appendix C of the
Interconnection Agreement.
The Facility will interconnect to certain facilities of NYSEG that are part of the New
York State Transmission System. The Point of Interconnection is NYSEG’s 230 kV
Canandaigua Substation between existing 230 kV Breaker B1/6012 (new B2/6012) and new 230 kV Breaker B2/B1. Appendix A of the Interconnection Agreement includes a one-line diagram showing the Point of Interconnection.
B.The Agreement Closely Conforms to the Pro Forma LGIA Contained in
Attachment X of the NYISO OATT
The Interconnection Agreement was fully executed on February 12, 2020 by the NYISO,
NYSEG, and Baron Winds. The Interconnection Agreement follows the language in the Pro
Forma LGIA contained in Attachment X of the NYISO OATT with limited exceptions described
below. The Joint Filing Parties submit that the modifications specified below satisfy the
Commission’s standard for variations from the Pro Forma LGIA, because unique circumstances
exist that require a non-conforming agreement.5 Therefore, the NYISO respectfully requests that
the Commission accept the Interconnection Agreement with the limited non-conforming
changes.
1. Modification to Recent NYISO Interconnection Queue Reform Revisions
On October 16, 2017, the NYISO submitted in Docket No. ER18-80-000 modifications
to its interconnection procedures and agreements, including the Pro Forma LGIA, which
revisions the Commission accepted on December 7, 2017.6 The parties have agreed to make the
following modifications in the Interconnection Agreement to correct certain modifications from
4 See Prior Notice and Filing Requirements Under Part II of the Federal Power Act, 64 FERC ¶ 61,139, clarified, 65 FERC ¶ 61,081 (1993).
5 See, e.g., PJM Interconnection, LLC, 111 FERC ¶ 61,163 at PP 10-11, reh’g denied, 112 FERC ¶ 61,282
(2005).
6 See New York Independent System Operator, Inc., Letter Order, Docket No. ER18-80-000 (December 7,
2017).
Honorable Kimberly D. Bose February 27, 2020
Page 3
that filing:
• Correction of the reference to the NYISO OATT in the definition of Standard Large
Generator Interconnection Agreement from Appendix 6 to Appendix 3 of Attachment X of the NYISO OATT;
• Correction of the cross-reference in Article 2.1 from Article 3.1, which no longer exists,
to Article 3;
• Correction to the first reference to “Indemnified Party” in Article 18.1.2 of the Pro Forma
LGIA, which was inadvertently changed to “Indemnifying Party;”
• Correction of two cross-references in Section 18.3.12; and
• Correction of a cross-reference in Article 22.4.
The Commission has previously accepted these or similar changes to the Pro Forma
LGIA in similar circumstances.7 In addition, the NYISO filed on December 19, 2019, revisions to its Pro Forma LGIA that included all of these corrections.8 The Commission accepted these revisions on January 21, 2020 with an effective date of February 18, 2020, which was subsequent to the full execution of the Interconnection Agreement.9
II. Proposed Effective Date and Request for Wavier of the 60-Day Notice Period
The Joint Filing Parties request an effective date of February 12, 2020 for the
Interconnection Agreement, which is the date of its full execution. The Joint Filing Parties
respectfully request that the Commission waive its prior notice requirement to permit the
requested effective date. The Commission has previously permitted interconnection agreements to become effective upon the date of execution.10
III. Request for CEII Treatment
Pursuant to Sections 388.112 and 388.113 of the Commission’s regulations,11 NYSEG
requests that that the one-line diagram included as Figures A-1 in Appendix A of the
Interconnection Agreement be protected from disclosure as Critical Energy Infrastructure
7 See, e.g., New York Independent System Operator, Inc. and Consolidated Edison Co. of New York, Inc., Letter Order, Docket No. ER18-1161-000 (May 17, 2018).
8 New York Independent System Operator, Inc., Letter Order, Docket No. ER20-638-000 (January 31,
2020).
9 Id.; New York Independent System Operator, Inc., Errata Notice, Docket No. ER20-638-000 (February 4,
2020).
10 See, e.g., New York Independent System Operator, Inc. and New York State Electric & Gas Corporation,
Docket No. ER11-2953-000 (April 7, 2011) (accepting interconnection agreement effective as of date of execution);
see also New York Independent System Operator, Inc. and Niagara Mohawk Power Corp., Letter Order, Docket No.
ER08-985-000 (June 26, 2008) (same); New York Independent System Operator, Inc. and New York Power
Authority, Letter Order, Docket No. ER08-861-000 (May 27, 2008) (same); New York Independent System
Operator, Inc. and New York Power Authority, Letter Order, Docket No. ER08-699-000 (May 16, 2008) (same).
11 18 C.F.R. §§ 388.112 and 388.113.
Honorable Kimberly D. Bose February 27, 2020
Page 4
Information (“CEII”).12 The diagram contains detailed, one-line schematics of NYSEG’s
Canandaigua Substation that, if disclosed, could pose a threat to the security and the reliability of
the New York State bulk power system. The diagram provides more than simply the general
location of critical infrastructure. Unlike publicly available maps of power transmission lines
and generation and substation facilities, the schematics show the exact nature and specific
location of facilities used to maintain the reliability of the New York State bulk power system.
The diagram, in NYSEG’s assessment, reveals such critical information related to the
facilities depicted therein that, if disclosed, could be useful to a person seeking to disable the
power grid. Therefore, the disclosure of the CEII diagram would pose a threat to the reliability
of the New York State bulk power system and the health and safety of New York residents.
Moreover, the information revealed in this schematic reveals CEII, which the Commission has
determined to be exempt from mandatory disclosure under 5 U.S.C. § 552(b)(7)(F). The
diagrams have been omitted from the Public version of the Interconnection Agreement included
in this filing.
The Joint Filing Parties are electronically submitting a non-public version of this filing.
The diagram is included only in the non-public version of the Interconnection Agreement in the
filing. The non-public diagram is marked: “FIGURE CONTAINS CEII - DO NOT
RELEASE PURSUANT TO 18 C.F.R. §§ 388.112 and 388.113.” The non-public diagram
should be treated as CEII reviewable by Commission Staff. In accordance with the
Commission’s April 14, 2017 notice on labeling of non-public information, each page of the
non-public version of the filing is marked “CUI//CEII.”13 A placeholder has been included in
place of the non-public diagram in the public version of the Interconnection Agreement.
All communications relating to this request for privileged and confidential treatment should be addressed to NYSEG’s Counsel listed below.
IV. Communications and Correspondence
All communications and service in this proceeding should be directed to:
12 As required by Section 388.113(d)(1)(i) of the Commission’s regulations, NYSEG has described in the filing letter how the one-line diagram in Figures A-1 satisfies the definition of critical energy infrastructure
information as that term is defined in Section 388.113(c)(1). In addition, as required by Section 388.113(d)(1)(ii) the cover page of the filing letter and the relevant page of the Interconnection Agreement that contains critical
energy infrastructure information is labelled as including CEII and marked DO NOT RELEASE, and a Public and CEII version of the Interconnection Agreement are being filed with this letter. The CEII material is redacted in the Public version. Finally, as required by Section 388.113(d)(1)(i), NYSEG requests that the Commission designate the CEII material submitted on February 27, 2020, with the full five-year CEII designation provided for in Section 388.113(e)(1) as the information provided in the one-line diagrams will continue to satisfy the definition of critical energy infrastructure information for this entire period.
13 See Notice of Document Labelling Guidance for Documents Submitted to or Filed with the Commission or Commission Staff (Apr. 14, 2017) (unreported).
Honorable Kimberly D. Bose February 27, 2020
Page 5
For the NYISO14
Robert E. Fernandez, Executive Vice President & General Counsel
Karen Georgenson Gach, Deputy General Counsel
*Sara B. Keegan, Senior Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, NY 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
skeegan@nyiso.com
*Ted J. Murphy
Hunton Andrews Kurth LLP 2200 Pennsylvania Avenue, NW Washington, D.C. 20037
Tel: (202) 955-1500
Fax: (202) 778-2201
tmurphy@huntonak.com
*Michael J. Messonnier Jr. Sevren R. Gourley
Hunton Andrews Kurth LLP 951 East Byrd Street
Richmond, VA 23219
Tel: (804) 788-8200
Fax: (804) 344-7999
mmessonnier@huntonak.com
For New York State Electric & Gas Corporation
Justin AtkinsTimothy Lynch
CounselDirector - Transmission Services
Avangrid Service CompanyNew York State Electric & Gas Corporation
162 Canco RoadCorporate Drive - Kirkwood Industrial Park
Portland, Maine 04101P.O. Box 5224
207.629.1293Binghamton, N.Y. 13902-5224
Justin.Atkins@avangrid.comTJLynch@nyseg.com
*Designated to receive service.
V.Documents Submitted
The Joint Filing Parties submit the following documents with this filing letter:
• A clean Public version of the Interconnection Agreement (Attachment I);
• A blacklined Public version of the Interconnection Agreement showing the changes
from the Pro Forma LGIA (Attachment II);
14 The NYISO respectfully requests waiver of 18 C.F.R. § 385.203(b)(3) (2014) to permit service on counsel in both Washington, D.C. and Richmond, VA.
Honorable Kimberly D. Bose February 27, 2020
Page 6
• A clean CEII version of the Interconnection Agreement (Attachment III); and
• The signature pages for the Interconnection Agreement (Attachment IV). VI. Service
On behalf of the Joint Filing Parties, the NYISO will send an electronic link to this filing
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, a complete copy of the documents included with this filing will be
posted on the NYISO’s website at www.nyiso.com.
VII. Conclusion
Wherefore, the Joint Filing Parties respectfully request that the Commission accept the Interconnection Agreement for filing with an effective date of February 12, 2020.
Respectfully submitted,
/s/ Sara B. Keegan
Sara B. Keegan
Counsel for the
New York Independent System Operator, Inc.
/s/ Justin Atkins
Justin Atkins
Counsel for the
New York State Electric & Gas Corporation
cc: Anna Cochrane
James Danly
Jignasa Gadani
Jette Gebhart
Kurt Longo
John C. Miller
David Morenoff
Daniel Nowak
Larry Parkinson
Douglas Roe
Frank Swigonski
Eric Vandenberg
Gary Will
