Marc Richter

Vice President

Regulatory Services

July 14, 2014

 

NON-PUBLIC VERSION

CONTAINS CRITICAL ENERGY
INFRASTRUCTURE INFORMATION

 

 

By Electronic Delivery

 

Honorable Kimberly D. Bose Secretary

Federal Energy Regulatory Commission 888 First Street, N.E.

Washington, DC 20426

 

Re:    Consolidated Edison Company of New York, Inc.
Docket No. ER14-1750-000

 

Dear Secretary Bose:

 

Pursuant to the Commission’s June 12, 2014 Order in the above-referenced  docket, Consolidated Edison Company of New York, Inc. (“Con Edison”) hereby files the following contract  relating to operating and maintenance service (“O&M Service”) provided by Con Edison on behalf of the New York Power Authority (“NYPA”):

 

(1)   Amended and Second Composite Agreement between Con Edison and the New York
Power Authority for the Operation and Maintenance of the Facilities Associated With
Astoria Annex Substation 345kV Gas-Insulated Substation, dated as of January 2013,
(the “Restated Agreement”),

On April 22, 2014, Con Edison filed two agreements with the Commission: (1) the

Amended and  Composite Agreement between Con Edison and the New York Power Authority
for the Operation and Maintenance of the Facilities Associated With Astoria Annex Substation
345kV Gas-Insulated Substation, dated as of January 2013 (“ First Composite Agreement”); and


 

 

 

 

 

(2) the Revised First Amendment to the Agreement between Consolidated Edison Company of
New York, Inc. and the New York Power Authority for the Operation and Maintenance of the
Facilities Associated with Astoria Annex Substation 345kV Gas-Insulated Substation(“Annex
Substation”), dated as of March 1 (“Revised First Amendment,”) (collectively, the “O&M
Agreement”).

In the June 12th Order, the Commission  accepted  the O&M Agreement on the condition that the terms of the Revised First Amendment be inserted into the First Composite Agreement, such that all the effective terms and conditions are contained in a single agreement.  The
Restated Agreement implements the Commission’s directive.

 

As discussed below, the Restated Agreement contains material that constitutes Critical Energy Infrastructure Information (“CEII”), which should be protected from disclosure.
Accordingly, this filing consists of the following documents:

  this transmittal letter;

  the Restated Agreement - Public Version (Attachment A),

  the Restated Agreement - Non-Public Version (Attachment B); and
Redlined Restated Agreement -Public (Attachment C).1

1.THE AGREEMENT

The following is a summary of the major terms and conditions that were initially

contained in the Revised First Amendment that have been inserted into the Restated Agreement

“Whereas” Clauses modified to provide background on April 22, 2014 filing and

the requirement to insert terms and conditions of Restated First Amendment into Restated Agreement;

  Section 2.1 has been revised to include the First Composite Agreement and the

revised First Amendment existed prior to Commission acceptance of the Restated Agreement;

  Section 4.1 has been revised to incorporate the provisions of the Revised First
Amendment that Con Edison was taking over the O&M responsibilities prior to
all the conditions precedent being satisfied by NYPA;

 

 

 

 

1 The Redlined Restated Agreement does not contain the Exhibits because inserting the terms of the Revised First Amendment into the First Composite Agreement did not require changes to any of the Exhibits.


 

 

 

 

 

  Sections 4.25 and 4.3 were amended to include the provision that Con Edison was
taking over the O&M responsibilities prior to all the conditions precedent being
satisfied by NYPA;.

  Sections 12.2, 12.5, 18.4, and 19.1 have been revised to include the term

“Additional Work” and “Risks.”  These inserts have been made  because of the changes made to sections 4.1 and 4.2.5; and

  Section 27.1 was amended to permit the agreement to be executed in counter
parts.

 

2.REQUEST FOR CRITICAL ENERGY INFRASTRUCTURE

INFORMATION TREATMENT

 

In Its April 22, 2014 filing, Con Edison requested that the Commission treat the material contained in Exhibits A, D, and E as CEII under the Commission’s regulation 18 C.F.R  338.113. Con Edison renews this CEII request.  As stated in the April 22, 2014 filing, the disclosure of
this information could be useful to a person seeking to disable the power grid and would thus
pose a threat to the reliability of the New York State bulk power system and to the health and
safety of New York residents.

 

 

3.Communications and Service

All communications relating to this request for CEII treatment should be addressed to the

following:


Peter Yost

Section Manager

Consolidated Edison Company Of New York, Inc.

4 Irving Place, Room 1450-S New York, NY  10003

Phone: (212) 460-2889 Fax: (212) 529-1130


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


 

 

 

 

 

Con Edison requests that questions or other communications regarding this filing be addressed to:


Paul Savage

Associate Counsel

Consolidated Edison Company
of New York, Inc.

4 Irving Place, Room 1815-S. New York, NY 10003

(212) 460-2764
savagep@coned.com


Aubrey T. Braz
Vice President

Consolidated Edison Company
of New York, Inc.

4 Irving Place, Room 1422. New York, NY 10003

(212) 460-2688

braza@coned.com


 

Con Edison has served a copy of this filing on NYPA, the New York Public Service Commission, and the New York Independent System Operator, Inc.

 

4.CONCLUSION

For the reasons discussed above, Con Edison requests that the Commission, accept the

enclosed agreement for filing, and allow the agreement to become effective on April 23, 2014, as stated in the June 12, 2014 order.

 

 

Respectfully submitted,

 

 

 

 

Marc Richter

 

Attachments