10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. THE BODY OF REPORT ALONG WITH THE
REDACTED VERSIONS OF TABLES 2 THROUGH 5 (MARKED PUBLIC) DO NOT CONTAIN ANY PRIVILEGED OR CONFIDENTIAL INFORMATION.
ATTACHMENT I TO THE REPORT INCLUDES THE UNREDACTED TABLES
WHICH CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION, AND ARE SUBMITTED SEPARATELY.
February 22, 2013
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: Errata to Annual Report in Docket No. ER01-3001-000 and
Request for Privileged Treatment of Attachment I
Dear Ms. Bose:
Enclosed for filing in the above-referenced docket is an errata to 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. Consistent
with the Commission’s Order, dated February 19, 2010,1 the NYISO filed its annual report with
the Commission on January 15, 2013 (“2013 Annual Report”). Subsequently, the NYISO
identified a database error that truncated a significant number of Special Case Resource event
response data points from the analysis included in the 2013 Annual Report. For example, one
event response data set used in the analysis was missing some response data associated with
approximately 200 Special Case Resources.2 As a result, the NYISO under reported
performance for the Special Case Resource program in the January 15 filing. With this errata
filing, the NYISO has corrected the analysis for all the Special Case Resource events using the
complete data sets in the NYISO’s Demand Response Information System and submits the
corrected information in the revised report.
I. List of Documents Submitted
With this transmittal letter, the NYISO submits:
1 New York Independent System Operator, Inc., Order, Docket Nos. ER01-3001 and ER03-647 (Feb. 19,
2010).
2 There were over 5,000 Special Case Resources enrolled in the NYISO Installed Capacity Special Case Resource program during 2012.
Kimberley D. Bose, Secretary February 22, 2013
Page 2
1. Attachment I, which contains the unredacted versions of Tables 2 through 5.
Attachment I also contains confidential information regarding the ongoing
enrollment status of resources seeking to participate in the NYISO’s Demand Side Ancillary Service Program.
2. Attachment II, which contains the clean Revised NYISO Report on Demand
Response Programs, including redactions in Tables 2 through 5 of confidential, commercially sensitive information.
3. Attachment III, which contains a redlined version of the Revised NYISO Report on
Demand Response Programs. This redlined version also includes redactions in Tables 2 through 5 of confidential, commercially sensitive information.
II. Request for Confidential Treatment of Attachment I
In accordance with Sections 388.107 and 388.112 of the Commission’s Regulations,3
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 I. The NYISO also requests that
Confidential Attachments be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. §522.4
The confidential Attachment I 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,5 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 I also includes a brief discussion of the status of enrollment and registration
for two 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 I
receive Privileged and Confidential treatment and be exempt from FOIA disclosure. Attachment
3 18 C.F.R. §§ 388.107 and 388.112 (2011).
4 The information provided by the NYISO for which the NYISO claims an exemption from FOIA disclosure is labeled “Contains Privileged Information - Do Not Release.”
5 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 February 22, 2013
Page 3
I is identified and marked in accordance with the Commission’s regulations and rules published by the Secretary’s Office for submitting Privileged information.
III. 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
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 22nd day of February, 2013.
/s/ Joy A. Zimberlin
Joy A. Zimberlin
New York Independent System Operator, Inc.
10 Krey Blvd.
Rensselaer, NY 12144 (518) 356-6207
