2 See New York Independent System Operator, Inc.’s Proposed Tariff Revisions Related to ICAP Credit Requirements, Docket No. ER12-2443-000 (August 13, 2012).
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
New York Independent System Operator, Inc.)Docket No. ER12-2443-000
MOTION OF THE NEW YORK INDEPENDENT SYSTEM OPERATOR, INC.
TO DEFER EFFECTIVE DATE OF PREVIOUSLY ACCEPTED TARIFF REVISIONS
AND REQUEST FOR WAIVERS
Pursuant to Rule 212 of the Commission’s Rules of Practice and Procedure,1 the New York Independent System Operator, Inc. (“NYISO”) respectfully requests that the Commission defer the effective date of the tariff revisions approved in this proceeding, which better align the ICAP Spot Market Auction credit requirements with actual market risk, from October 17, 2012 until November 16, 2012. The deferral is necessary because the NYISO will be unable to deploy the software required to implement the tariff revisions by October 17, 2012.
I.Documents Submitted
1.This filing letter; and
2.A clean version of the proposed revisions to the NYISO’s Services Tariff
(“Attachment I”).
II.Background
In the NYISO’s initial filing in this proceeding, the NYISO requested that the
Commission approve the proposed tariff revisions with an effective date of October 17.2 At that
1
18 C.F.R. 385.212 (2012).
2 See New York Independent System Operator, Inc.’s Proposed Tariff Revisions Related to ICAP Credit Requirements, Docket No. ER12-2443-000 (August 13, 2012).
Honorable Kimberly D. Bose October 12, 2012
Page 2
time, the NYISO planned to deploy the software enhancements required to implement the tariff revisions prior to October 17.
III. Motion and Request for Waivers
The NYISO respectfully requests that the Commission defer the effective date of the tariff revisions previously accepted as of October 17 to November 16. With this filing, the NYISO is resubmitting the clean tariff section originally submitted with its August 13, 2012 filing in this proceeding, but with a revised effective date of November 16, 2012.
In the past, the Commission has agreed to defer the effective date of certain tariff
provisions when the deployment date of software that is required for their implementation must
change to ensure that the software will function properly. Such circumstances exist in this case.
The NYISO has had to delay the deployment date of the software code required to implement the
enhanced credit requirement provisions because of other projects within its integrated software
deployment plan. The NYISO expects to deploy this software within the next few weeks but not
until after October 17. Deferring the effective date of the enhanced credit requirement
provisions until November 16, 2012 should allow sufficient time to complete the required
software enhancements, while also ensuring the tariff changes become effective prior to the
ICAP Spot Market Auction that will be conducted in November for December 2012.
Although the Commission has previously accepted requests to defer effective dates that
were not submitted as formal tariff amendments,3 the NYISO respectfully requests a waiver of
3 The New York Independent System Operator, Inc.’s June 2009 motion to defer the effective date of certain tariff provisions, which is referenced supra in footnote 7, included a request for waiver of the Commission’s filing
requirements similar to the one included in this motion. See New York Independent System Operator, Inc., Docket No. ER09-1317-000 (June 16, 2009).
Honorable Kimberly D. Bose October 12, 2012
Page 3
the requirements set forth in Part 35 of the Commission’s regulations to the extent that they are deemed to be applicable.4 If the Commission were to conclude that this request were subject to Part 35, then the NYISO would arguably not be able to make it without first obtaining the
approval of its stakeholder Management Committee.5
Under these circumstances, and given the wholly administrative nature of the requested
deferral, the NYISO believes that it would be appropriate for the Commission to waive Part 35,
to the extent necessary, so that the NYISO may correct what are now inaccurate effective dates
as soon as reasonably possible. For the same reason, the NYISO requests a waiver of any other
notice or filing requirement that the Commission may conclude is applicable to this request.
IV.Service
The NYISO will electronically send a link to this filing to the official representative of
each of its customers, to each participant on its stakeholder committees and to the New York
Public Service Commission. In addition, the complete filing will be posted on the NYISO’s
website at www.nyiso.com.
4 In a May 22, 2002 letter order in Docket Nos. ER0l-3009-006, et al., the Commission accepted a NYISO motion requesting the deferral of the effective date of certain tariff provisions, but indicated that future requests for deferral should be submitted under Section 205 of the Federal Power Act and Part 35 of the regulations. As is noted above, however, the Commission has subsequently accepted motions to defer effective dates that included requests for waivers of the Commission’s filing requirements. In the event that the Commission deems this later precedent to be inapposite, the NYISO respectfully requests that the Commission accept the NYISO’s request for a deferral but order it to make a compliance filing to revise the effective dates.
5 See Article 19.01 of the NYISO’s Independent System Operator Agreement which normally requires NYISO
Board and Management Committee approval before the NYISO may file a tariff revisions under Section 205 of the Federal Power Act (available at:
Honorable Kimberly D. Bose October 12, 2012
Page 4
V.Conclusion
Wherefore, for the foregoing reasons, the New York Independent System Operator, Inc. respectfully requests that the Commission accept this request to defer the effective date of the tariff revisions accepted as of October 17, 2012 until November 16, 2012, grant any necessary waivers, and make this request effective as of the date of this filing.
Respectfully submitted,
/s/ Ted J. Murphy
Ted J. Murphy
Counsel for
New York Independent System Operator, Inc.
Date: October 12, 2012
cc:Travis Allen
Michael A. Bardee
Gregory Berson
Anna Cochrane
Jignasa Gadani
Morris Margolis
Michael McLaughlin
Joseph McClelland
Daniel Nowak
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing document upon each person
designated on the official service list compiled by the Secretary in this proceeding in accordance with the requirements of Rule 2010 of the Rules of Practice and Procedure, 18 C.F.R. §385.2010.
Dated at Rensselaer, NY this 12th day of October, 2012.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207