10 Krey Boulevard Rensselaer, NY 12144
THIS FILING LETTER DOES NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. THE BODY OF REPORT, ATTACHMENTS I - IV
AND ATTACHMENTS VII - IX DO NOT CONTAIN ANY PRIVILEGED OR
CONFIDENTIAL INFORMATION. ATTACHMENTS V AND VI CONTAIN
PRIVILEGED AND CONFIDENTIAL INFORMATION, AND ARE CLEARLY
MARKED.
February 14, 2013
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Washington, D.C. 20426
Re: Annual Report in Docket Nos. ER01-3001-000, ER03-647-000 and
Request for Privileged Treatment of Attachments V and VI
Dear Ms. Bose:
Enclosed for filing in the above-referenced dockets is the New York Independent System Operator’s (“NYISO’s”) Annual Installed Capacity Report on the NYISO’s Capacity Market, Possible Withholding, New Generation Projects, and Net Revenue Analysis (the “Report”).1 The Commission granted the NYISO request to extend the filing date from December 20, 20122 to February 15, 2013.3 By Order dated February 3, 2010, the Commission directed the NYISO to file this report for informational purposes only.4
I. List of Documents Submitted
The NYISO submits with this letter, and the below request for confidential treatment, a public version of the Report, with Attachments V and VI redacted. Separately, the NYISO is submitting as confidential Attachments V and VI. As with prior annual Installed Capacity Reports, the Report is comprised of the following separate sections: Section I: Capacity Market Report and Withholding Analysis, Section II: Report on New Generation Projects, and Section III: New Generation Projects and Net Revenue Analysis.
1 New York Independent System Operator, Inc., 117 FERC ¶ 61,086 (2006); New York Independent System Operator, Inc., 103 FERC ¶ 61,201 (2003), 108 FERC ¶ 61,280 (2004), 121 FERC ¶ 61,090 (2007), 123 FERC ¶
61,206 (2008). In Docket ER03-647, the NYISO files an annual report regarding its Demand Side Management
programs on January 15, and a semi-annual report on its Demand Side Management programs and new generation projects on June 15 each year.
2 New York Independent System Operator, Inc., 130 FERC ¶ 61,237 (2010).
3 See New York Independent System Operator, Inc., “Notice Granting Extension of Time”, Docket Nos. ER01-3001-000 and ER03-647-000 (issued December 13, 2012).
4 New York Independent System Operator, Inc., Order, Docket Nos. ER01-3001 and ER03-647 (Feb. 3,
2010).
Kimberly D. Bose, Secretary February 14, 2013
Page 2
II. Request for Confidential Treatment of Attachments V and VI
In accordance with Sections 388.107 and 388.112 of the Commission’s Regulations,5
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 Attachments V and VI (the “Confidential
Attachments”). The NYISO also requests that Confidential Attachments be exempted from public disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. §522.6
The Confidential Attachments contain privileged and commercially sensitive, and trade
secret information that is not made public by the NYISO and that could cause competitive harm
to the affected Market Participants,7 and could adversely affect competition in the markets
administered by the NYISO, if publicly disclosed. This information includes the identity of
Installed Capacity Suppliers and offers, and the basis therefor, and costs of the Installed Capacity
Suppliers. 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 Confidential
Attachments received Privileged and Confidential treatment and be exempt from FOIA
disclosure.
A public version of the contents of Attachment V is included in the Report as Attachment IV. Attachment IV masks the confidential and commercially sensitive data that is displayed in Confidential Attachment V.
The NYISO requests waiver of any obligation it may have under the Commission’s
regulations or the Secretary’s rules to submit a redacted version of Attachment VI. The NYISO incorporated into the body of Report Section I.4.5.2 a masked or aggregated version of the
information that is contained in Attachment VI and thereby makes publicly available the
information contained in Confidential Attachment VI that is not confidential and commercially sensitive. In that regard, the NYISO has provided a redacted version of the information
contained in Attachment VI within the body of the report.
Attachments V and VI are identified and marked in accordance with the Commission’s
regulations and rules published by the Secretary’s Office for submitting Privileged information.
5 18 C.F.R. §§ 388.107, 388.112 (2012).
6 The information provided by the NYISO for which the NYISO claims an exemption from FOIA disclosure is labeled “Contains Privileged Information - Do Not Release.”
7 Terms with initial capitalization not defined herein have the meaning set forth in the NYISO’s Market Administration and Control Area Services Tariff.
Kimberly D. Bose, Secretary February 14, 2013
Page 3
III. Correspondence
Copies of correspondence concerning this filing should be addressed to:
Robert E. Fernandez, General Counsel
Raymond Stalter, Director of Regulatory Affairs *Gloria Kavanah, 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
gkavanah@nyiso.com
* persons designated to receive service.
Respectfully submitted,
/s/ Gloria Kavanah
Gloria Kavanah
Counsel for
New York Independent System Operator, Inc.
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
(2012). I have also electronically served the foregoing on all market participants, on each participant in its stakeholder committees, on the New York State Public Service Commission, and on the electric utility regulatory agency of New Jersey.
Dated at Rensselaer, NY this 14th 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
