10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. ATTACHMENT I - THE BODY OF REPORT, ALONG WITH THE REDACTED VERSIONS OF TABLES 2, 3 AND 4 (MARKED PUBLIC) DOES NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL
INFORMATION. ATTACHMENT II - CONFIDENTIAL TABLES, INCLUDES THE UNREDACTED TABLES WHICH CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION, AND ARE SUBMITTED SEPARATELY.
January 15, 2013
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: Annual Report in Docket No. ER01-3001-000 and
Request for Privileged Treatment of Attachment II
Dear Ms. Bose:
Enclosed for filing in the above-referenced docket is the New York Independent System
Operator’s (“NYISO”) annual report to the Federal Energy Regulatory Commission
(“Commission”) on the NYISO’s Demand Side Management programs. By Order dated
February 19, 2010, the Commission directed the NYISO to file this report for informational
purposes only.1
I. List of Documents Submitted
The NYISO submits this filing letter, accompanied by Attachment I, the NYISO Report
on Demand Response Programs, which includes redactions in Tables 2 through 5 of confidential,
commercially sensitive information; and Attachment II, which contains the unredacted versions
of Tables 2 through 5. Attachment II also contains a confidential update as to the ongoing
enrollment status of resources seeking to participate in the NYISO’s Demand Side Ancillary
Service Program.
1 New York Independent System Operator, Inc., Order, Docket Nos. ER01-3001 and ER03-647 (Feb. 19,
2010).
Kimberley D. Bose, Secretary January 15, 2013
Page 2
II. Request for Confidential Treatment of Attachment II
In accordance with Sections 388.107 and 388.112 of the Commission’s Regulations,2
Article 6 of the NYISO’s Market Administration and Control Area Services Tariff, Sections
1.0(4) and 4.0 of the NYISO’s Code of Conduct, the NYISO requests Privileged and
Confidential treatment of the contents of Attachment II. The NYISO also requests that
Confidential Attachments be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. §522.3
The confidential Attachment II contains privileged, commercially sensitive, trade secret
information that is not made public by the NYISO. Disclosure of such information could cause
competitive harm to the affected Market Participants,4 and could adversely affect competition in
the markets administered by the NYISO. This information includes the number of demand
response resources in a load zone that, when aggregated, are not greater than five (5). With such
a small number of resources in the load zone, the NYISO’s aggregation of the data reported for
that load zone may not sufficiently mask confidential and commercially sensitive Market
Participant information.
Attachment II also includes a brief discussion of the status of enrollment and registration for the resources seeking to participate in the NYISO’s Demand Side Ancillary Services Program. This confidential, commercially sensitive information is exempt from disclosure under 5 U.S.C.
§522(b)(4) for this reason, the NYISO requests that the contents of Attachment II receive
Privileged and Confidential treatment and be exempt from FOIA disclosure. Attachment II is identified and marked in accordance with the Commission’s regulations and rules published by the Secretary’s Office for submitting Privileged information.
II. Correspondence
Copies of correspondence concerning this filing should be addressed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs *David Allen, Senior Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, N.Y. 12144
Tel: (518) 356-6000
Fax: (518) 356-4702
rfernandez@nyiso.com
2 18 C.F.R. §§ 388.107 and 388.112 (2011).
3 The information provided by the NYISO for which the NYISO claims an exemption from FOIA disclosure is labeled “Contains Privileged Information - Do Not Release.”
4 Terms with initial capitalization not defined herein have the meaning set forth in the NYISO’s Market Administration and Control Area Services Tariff.
Kimberley D. Bose, Secretary January 15, 2013
Page 3
rstalter@nyiso.com
dallen@nyiso.com
* persons designated to receive service.
Respectfully submitted,
/s/ David Allen
Senior Attorney
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, New York 12144 (518) 356-7656
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 15th day of January, 2013.
/s/ Mohsana Akter
Mohsana Akter
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-7560
