Paul A. Savage
Associate Counsel
Regulatory Services
May 29, 2018
By Electronic Delivery
Honorable Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, NE
Washington, DC 20426
Re: Filing of an Executed Amended and restated Large Generator
Interconnection Agreement Between the Consolidated Edison
Company of New York, Inc., and Cogen Technologies Linden
Ventures, L.P. and Request for Critical Energy Infrastructure
Information Designation, Docket No. ER18-___-000
Dear Ms. Bose:
Pursuant to Section 205 of the Federal Power Act1 and Section 35.12 of the Commission’s Regulations,2 Consolidated Edison Company of New York, Inc. (“Con Edison”) hereby tenders for filing an executed Amended and Restated Large Generator Interconnection Agreement (the “Agreement”), designated as Service Agreement No. 2407, between Con Edison and Cogen Technologies Linden
Ventures, L.P. (“Cogen Tech”) (collectively, the “Parties”).
1 16 U.S.C. § 824d (2017).
2 18 C.F.R. § 35.12 (2017).
Honorable Kimberly D. Bose May 29, 2018
Page 2
The Parties request a May 30, 2018 effective date for the Agreement and
further request a waiver of the normal 60-day notice period, as discussed fully
below.
As described below, the Agreement is being filed as a two-party agreement
that is based on, but does not 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.BACKGROUND
On April 14, 1989, the parties entered into a Power Purchase Agreement
(“PPA”) through which Con Edison purchased energy and capacity generated by
the Cogen Tech’s generating facility. The PPA also provides for the
interconnection of the Cogen Tech generating facility to the Con Edison
transmission system. The power purchase obligations of the PPA expired on April 30, 2017. However, Cogen Tech’s interconnection rights continued. As such, the Parties wish to amend and restate Cogen Tech’s interconnection rights in a new
agreement. The Agreement only applies to Cogen Tech’s existing generating
facility. With the acceptance by the Commission of the Agreement, the Parties
request that the interconnection provisions in the PPA terminate simultaneously
with the Agreement becoming effective.
II.THE AGREEMENT
The Agreement is modeled on the NYISO’s pro forma LGIA. Since the
Cogen Tech’s generating facility is an existing generator, the parties have agreed to
a few terms and conditions that, where appropriate, vary from the NYISO’s pro
forma LGIA. For instance, the terms relating to the construction, testing, and
invoicing of a new facility have been deleted from the Agreement because they do
not apply.3
3 Sections 5.1 through 5.16; section 6.1; section 11.5; section 11.7; and sections 12.1 and
12.2.
Honorable Kimberly D. Bose May 29, 2018
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In addition, the existing point of interconnection (“POI”) of the facility has
been retained in the Agreement. Namely, the POI is in the middle of the Arthur
Kill on the border between New York and New Jersey. Given the location of the
POI, the pro forma sections relating to Attachment Facilities and System Upgrade
Facilities have also been deleted from the Agreement because they do not apply.4
The voltage support and voltage scheduling5 language in the Agreement also deviates from the pro forma provisions. Rather, these provisions are the
substantive provisions that were contained in the PPA. The reason for not
including the pro forma language is that Cogen Tech’s generating facility has been required to meet these voltage requirements since its initial operation and the
Agreement is an interconnection of an existing facility.
Appendix C to the Agreement requires Cogen Tech to comply with the NYISO’s tariffs and procedures and Con Edison’s operations requirements and instructions. The reason for this inclusion is to insure system reliability.
Finally, the Agreement does not conform with the NYISO’s pro forma
LGIA because it has been executed as a two-party agreement between Con Edison and Cogen Tech, and not a three-party agreement that includes the NYISO.
Commission precedent supports acceptance of the Agreement as a two-party
agreement. In proceedings on two-party interconnection agreements between
Niagara Mohawk and generation subsidiaries of Alliance Energy that were
modeled on the NYISO’s pro-forma interconnection agreement (“Alliance
LGIAs”),6 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
4 Section 9.8.1, and Sections 11.1 through 11.4.
5 Sections 9.5.1 and 9.5.2
6 The Alliance Energy LGIAs were filed, and accepted pursuant to Commission proceedings in Docket Nos. ER07-1019, ER07-1020, and ER07-1021.
Honorable Kimberly D. Bose May 29, 2018
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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.7
Like the Alliance Energy LGIAs, the Agreement is not a new generator
interconnection agreement of the type envisioned by Order No. 2003. Instead, the Agreement governs the terms and conditions associated with the continued
operation and maintenance of an existing generating facility.
Two-party interconnection agreements are also designated as Service
Agreements under the NYISO OATT.8 Therefore, the Commission should accept the Agreement as a two-party agreement.
III. EFFECTIVE DATE
Con Edison requests that the Commission permit the Agreement to become
effective as of May 30, 2018. The Commission has waived the 60-day notice
requirement, partially or entirely, with respect to other interconnection agreements
where circumstances warrant. A waiver in this case would serve the public interest
because the Agreement provides for the continued interconnection of an existing
generating facility. Accordingly, Con Edison requests that the Commission grant
7 Niagara Mohawk Power Corp. d/b/a National Grid, 121 FERC ¶ 61,104, at P 22 (2007) (citation omitted). Under
the present NYISO OATT, a material increase in capacity or a material modification of the generating facility would
require the NYISO to be a signatory to the interconnection agreement. The Cogen Tech generating facility is already
interconnected to the transmission system owned by Con Edison, and there have been no material modifications to
the operating characteristics of the Plant. Pursuant to the NYISO OATT, the Cogen Tech facility was granted one
non-material increase in energy rights of 37.5MWs and one non-material increases in capacity of 2MWs. In
addition, in the NYISO’s 2015 Class Year Study, the Cogen Tech facility was awarded an increase of capacity of
35.5MWs. The present rating of the Cogen Tech facility is 790.8 MWs for summer capacity and summer energy. Therefore, the NYISO does not need to be a signatory to the Agreement.
8 Consolidated Edison Company of New York, Inc., 119 FERC ¶ 61,206 (2007);
Consolidated Edison Company of New York, Inc., Docket No. ER09-1515-000, Letter Order
dated September 3, 2009; Niagara Mohawk Power Corporation, 121 FERC ¶ 61,183 (2007).
Honorable Kimberly D. Bose May 29, 2018
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a waiver of its prior notice requirements to the extent necessary to accommodate the requested effective date.
IV. COMMUNICATIONS AND CORRESPONDENCE
Communications regarding this filing should be directed to:
For Con Edison:
Paul A. Savage
Associate Counsel
Consolidated Edison Company of New York, Inc.
4 Irving Place, Room 1815-S
New York, NY 10003
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
New York, NY 10003
Phone: (212) 460-6227
SPITSAV@coned.com
V. DOCUMENTS SUBMITTED
This filing consists of the following documents:
A.the filing letter; and
B.the Agreement;
Honorable Kimberly D. Bose May 29, 2018
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VI. SERVICE
Con Edison will serve this filing electronically on Cogen Tech, NYPSC, and the NYISO.
VII. CONCLUSION
Wherefore, Con Edison respectfully requests that the Commission accept the attached Agreement effective as of May 30, 2018 and terminate Cogen Tech’s existing interconnection rights contained in the PPA.
Respectfully submitted,
By___/s/________________________
Paul A. Savage
Associate Counsel
Consolidated Edison Company of New York, Inc.