Amanda Downey
Counsel
July 3, 2012
Ms. Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re:Niagara Mohawk Power Company
Docket No. ER12-____-000
Amendment to Correct the Service Agreement Number for
Cost Reimbursement Agreement with MM Albany Energy LLC
Dear Secretary Bose:
Pursuant to Section 205 of the Federal Power Act (“FPA”), 16 U.S.C. § 824d, and Part 35 of the Federal Energy Regulatory Commission’s (“Commission”) regulations, 18 C.F.R. Part 35, Niagara Mohawk Power Company (“Niagara Mohawk”) d/b/a National Grid hereby amends the Cost Reimbursement Agreement (“Reimbursement Agreement”) between Niagara Mohawk and MM Albany Energy LLC (“MM Albany Energy”) solely to correct its service agreement number.
Niagara Mohawk respectfully requests waiver of the Commission’s notice
requirements to allow the Reimbursement Agreement contained in this filing to become effective on January 9, 2012, the date set forth in the Reimbursement Agreement.
I.Amendment to Cost Reimbursement Agreement
Niagara Mohawk originally filed the Reimbursement Agreement on January 25, 2012 in Docket No. ER12-885-000. The Commission accepted the Reimbursement Agreement by letter order issued on February 27, 2012, effective as of January 9, 2012, as requested by Niagara Mohawk.
Subsequently, Niagara Mohawk discovered that the Reimbursement Agreement
had been incorrectly designated as Service Agreement No. 1168 under the New York
Independent System Operator, Inc. (“NYISO”) open access transmission tariff
(“OATT”), FERC Electric Tariff, Original Volume No. 1. That service agreement
number is already used to designate a different agreement under the NYISO OATT.
Therefore, Niagara Mohawk amends the Reimbursement Agreement in this filing to
designate it as new Service Agreement No. 1896 under the NYISO OATT. Apart from
the correction to the service agreement number, the enclosed Reimbursement Agreement
is identical to the agreement the Commission accepted in Docket No. ER12-885-000.
40 Sylvan Road, Waltham, MA 02451
T: 781-907-2136 F: 781-907-5701 amanda.downey@nationalgrid.com www.nationalgrid.com
Ms. Kimberly D. Bose July 3, 2012
Page 2
II.Effective Date and Request for Waiver
As was the case with the Reimbursement Agreement accepted by the Commission in Docket No. ER12-885-000, Niagara Mohawk respectfully requests waiver of the 60-
day notice requirement contained in Section 35.3 of the Commission’s regulations to allow the Reimbursement Agreement included in the instant filing to become effective upon the effective date set forth in the Agreement, i.e., January 9, 2012.
Granting the requested waiver will not result in prejudice to any party and will
allow the Reimbursement Agreement to remain in effect as of January 9, 2012. This will facilitate Niagara Mohawk’s service to MM Albany Energy consistent with the standard set forth by the Commission in Central Hudson.1 As noted above, this filing is purely an administrative correction, with no substantive changes to the Reimbursement Agreement previously accepted by the Commission. For these reasons, the Commission should find that good cause exists to grant an effective date of January 9, 2012.
III.Communications and Service
Communications and correspondence with respect to this matter should be
addressed to the following individuals, who should be included on the official service list
for this proceeding:2
Amanda Downey
Counsel for National Grid
40 Sylvan Road
Waltham, MA 02451-1120 781-907-2136
Amanda.Downey@nationalgrid.com
William L. Malee
Sean Atkins
Bradley R. Miliauskas Alston & Bird LLP The Atlantic Building 950 F Street, NW
Washington, DC 20004 202-239-3300
Fax: 202-239-3333
sean.atkins@alston.com
bradley.miliauskas@alston.com
Director, Transmission Commercial Services Niagara Mohawk Power Corporation,
A National Grid Company
40 Sylvan Road
Waltham, MA 02451 (781) 907-2422
bill.malee@us.ngrid.com
1
See Central Hudson Gas & Electric Corp., 60 FERC ¶ 61,106 at 61,338, reh’g denied, 61 FERC ¶
61,089 (1992).
2
Niagara Mohawk requests waiver of 18 C.F.R. § 385.203(b) to allow four persons on the service
list in this proceeding.
Ms. Kimberly D. Bose July 3, 2012
Page 3
IV.Conclusion
For the reasons stated herein, Niagara Mohawk respectfully requests that the Commission accept the Reimbursement Agreement, effective January 9, 2012.
Copies of this filing have been served on MM Albany Energy, the NYISO, and New York regulators.
Sincerely,
/s/ Amanda Downey
Amanda Downey
Counsel for National Grid
40 Sylvan Road
Waltham, MA 02451-1120