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.

April 20, 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 Small Generator Interconnection Agreement Among
the New York Independent System Operator, Inc., New York State Electric &
Gas Corporation, and Duke Energy Renewables Solar, 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 Small Generator Interconnection Agreement entered into by the NYISO, NYSEG, as the Connecting Transmission Owner, and Duke Energy Renewables
Solar, LLC (“Duke”), as the Developer (the “Interconnection Agreement”).3 The
Interconnection Agreement is labeled as Service Agreement No. 2526 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 Small Generator

Interconnection Agreement (“Pro Forma SGIA”) that is contained in Attachment Z to the OATT.
Further, as described in Part II of this letter, the Joint Filing Parties respectfully request a waiver

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 Attachment Z 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 April 20, 2020

Page 2

of the Commission’s prior notice requirements4 to make the Interconnection Agreement effective as of April 6, 2020, which is the date of its full execution. Finally, as described in Part III of this letter, NYSEG requests that the one-line diagram included in the Interconnection Agreement be protected from disclosure as Critical Energy Infrastructure Information.

I.DISCUSSION

A.Background

Duke is constructing a 20 MW photovoltaic facility to be known as the Niagara Solar

facility in Bennington in Wyoming County, New York (“Facility”). The Facility will consist of eight photovoltaic arrays. Additional details regarding the Facility can be found in Attachment 2 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 will be located off the main 34.5 kV bus at NYSEG’s existing 34.5 kV Bennington Substation in Bennington, New York.
Attachment 3 of the Interconnection Agreement includes a one-line diagram showing the Point of Interconnection.

B.The Agreement Closely Conforms to the Pro Forma SGIA Contained in

Attachment Z of the NYISO OATT

The Interconnection Agreement was fully executed on April 6, 2020, by the NYISO,

NYSEG, and Duke. The Interconnection Agreement largely conforms to the language in the Pro Forma SGIA contained in Attachment Z of the NYISO OATT with the limited exception
described below in this Part I.B. The Joint Filing Parties submit that the change specified below satisfies the Commission’s standard for variations from the Pro Forma SGIA, because unique
circumstances exist that require a non-conforming agreement.5 Therefore, the Joint Filing
Parties respectfully request that the Commission accept the Interconnection Agreement with the limited non-conforming changes.

1. Duke’s Construction of Connecting Transmission Owner’s
Interconnection Facilities

Section 1.5.3 of the Pro Forma SGIA provides that the Connecting Transmission Owner
shall construct, operate, and maintain its Interconnection Facilities and Upgrades covered by the
agreement. NYSEG and Duke have agreed that Duke will be responsible for designing,
engineering and constructing the Connecting Transmission Owner’s Interconnection Facilities
associated with the Facility. Accordingly, the parties agreed to modify Section 1.5.3 of the
Interconnection Agreement to clarify that the Interconnection Customer, Duke, can design,

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).

Honorable Kimberly D. Bose April 20, 2020

Page 3

engineer and construct the Connecting Transmission Owner’s Interconnection Facilities with the agreement of all parties.

II.PROPOSED EFFECTIVE DATE AND REQUEST FOR WAIVER OF THE 60-

DAY NOTICE PERIOD

The Joint Filing Parties request an effective date of April 6, 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.6

III. REQUEST FOR CEII TREATMENT

Pursuant to Sections 388.112 and 388.113 of the Commission’s regulations,7 NYSEG
requests that that the one-line diagram included in Attachment 3 of the Interconnection
Agreement be protected from disclosure as Critical Energy Infrastructure Information (“CEII”).8 The diagram contains detailed, one-line schematics of NYSEG’s facilities 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

6 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).

7 18 C.F.R. §§ 388.112 and 388.113.

8 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 Attachment 3 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 April 20, 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.

Honorable Kimberly D. Bose April 20, 2020

Page 4

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.”9 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:

For the NYISO10

Robert F. Fernandez, 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@hunton.com

*Michael J. Messonnier Jr. Hunton Andrews Kurth LLP 951 East Byrd Street

Richmond, VA 23219
Tel: (804) 788-8200
Fax: (804) 344-7999

mmessonnier@hunton.com

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);

• 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.

Honorable Kimberly D. Bose April 20, 2020

Page 6

VII. CONCLUSION

Wherefore, the Joint Filing Parties respectfully request that the Commission accept the Interconnection Agreement for filing with an effective date of April 6, 2020.

Respectfully submitted,

/s/ Michael J. Messonnier, Jr.

Michael J. Messonnier, Jr.
Hunton Andrews Kurth LLP

Counsel for the

New York Independent System Operator, Inc.

/s/ Justin Atkins

Justin Atkins

Counsel for New York State Electric & Gas Corporation

cc:Anna Cochrane

Jignasa Gadani
Jette Gebhart
Kurt Longo
John C. Miller
David Morenoff
Daniel Nowak
Larry Parkinson
Douglas Roe
Frank Swigonski
Eric Vandenberg
Gary Will