UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
)
New York Independent System Operator, Inc.)Docket No. ER13-102-000
)
MOTION FOR EXTENSION OF TIME TO ANSWER OF
THE NEW YORK INDEPENDENT SYSTEM OPERATOR, INC. AND
THE NEW YORK TRANSMISSION OWNERS
Pursuant to Rules 101(e), 212, and 2008(a) of the Rules of Practice and Procedure of the
Federal Energy Regulatory Commission (“Commission”),1 the New York Independent System
Operator, Inc. (“NYISO”) and the New York Transmission Owners2 (collectively, the “Filing
Parties”) respectfully submit this motion seeking, to the extent the Commission deems necessary,
an extension of time to answer the filings submitted in response to the Filing Parties’ October 15,
2013, compliance filing regarding the Order No. 1000 intra-regional transmission planning
requirements (“October 2013 Filing”).3 In response to the numerous filings submitted on
November 14, 2013, in the above-captioned docket in response to the October 2013 Filing, the
Filing Parties will require adequate time to review and develop a full response. The Filing
Parties respectfully request that the Commission allow thirty (30) days for answers in response to
the November 14 filings, providing for a due date of Monday, December 16.4
1 18 C.F.R. §§ 385.101(2), 385.212, and 385.2008(a).
2 The New York Transmission Owners are Central Hudson Gas & Electric Corporation,
Consolidated Edison Company of New York, Inc., Long Island Lighting Company d/b/a LIPA, New York Power Authority, New York State Electric & Gas Corp., Niagara Mohawk Power Corp. d/b/a National Grid, Rochester Gas & Electric Corp., and Orange & Rockland Utilities, Inc.
3 New York Independent System Operator, Inc. and New York Transmission Owners, Compliance Filing, Docket No. ER13-102-000 (October 15, 2013).
4 The thirty day period would actually end on Saturday, December 14, so the Filing Parties propose to submit their answer on the following Monday.
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I.BACKGROUND
On October 11, 2012, the Filing Parties submitted proposed revisions to the NYISO’s
Open Access Transmission Tariff and Market Administration and Control Area Services Tariff to
comply with the Order No. 1000 intra-regional transmission planning requirements.5 In an April 18, 2013, order, the Commission accepted the Filing Parties’ proposed revisions in part and directed
them to submit a further compliance filing to make certain tariff revisions and provide additional support for certain compliance proposals.6 On October 15, 2013, the Filing Parties filed their further compliance filing addressing the Commission’s directives in its April 18 order. Comments in
response to the October 2013 Filing were due on November 14, 2013.
II. MOTION FOR EXTENSION OF TIME FOR ANSWER
To the extent that the Commission determines that Rule 213(d) of its Rules of Practice
and Procedures establishes a fifteen (15) day period for answering the November 14 Filings,7 the
Filing Parties respectfully request that the Commission allow a fifteen day extension so that
answers would be accepted until Monday, December 16. In accordance with Rules 2008(a) and
101(e), good cause exists for the Commission to allow an extension of the answer period.8
In response to the October 2013 Filing, seven filings were submitted on November 14 by the following entities: Multiple Intervenors; Independent Power Producers of New York, Inc.; Entergy Nuclear Power Marketing, LLC; NextEra Energy Resources, LLC; LS Power
5 New York Independent System Operator, Inc. and New York Transmission Owners, Compliance Filing, Docket Nos. RM10-23-000, ER13-102-000 (October 11, 2012).
6 New York Independent System Operator, Inc., 143 FERC ¶ 61,059 (2013).
7 18 C.F.R.§ 385.213(d)(1).
8 18 C.F.R. § 385.2008(a) (providing that “the time by which any person is required or allowed to act under any statute, rule, or order may be extended by the decisional authority for good cause, upon a motion made before the expiration of the period prescribed or previously extended”); 18 C.F.R.
§ 385.101(e) (providing that “the Commission may, for good cause, waive any provision of this part or prescribe any alternative procedures that it determines to be appropriate”).
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Transmission, LLC and LSP Transmission Holdings, LLC; the New York State Public Service
Commission; the Long Island Power Authority and LIPA; and the New York Transmission
Owners. These filings make numerous assertions regarding significant and complex issues
addressed in the October 2013 Filing. Absent the requested answer period, the Filing Parties will
be required to review and develop a response to the extensive assertions made in these filings in
a limited period of time. Moreover, a fifteen day answer period, to the extent applicable, would
result in a due date the day after the Thanksgiving holiday, further truncating the Filing Parties’
timeframe for responding and limiting the availability of personnel required to present the
Commission with a full response.
Allowing additional time for the submission of an answer will provide the relevant
personnel involved in the development of the Filing Parties’ October 2013 Filing the ability to carefully review and provide thorough, responsive comments. This will improve the quality of information before the Commission as it rules on the October 2013 Filing. Moreover, as the
answer is expected to take the form of a joint filing, the additional time will also provide the
NYISO and the New York Transmission Owners with an adequate opportunity to coordinate the development of a joint response.
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III.CONCLUSION
For the reasons set forth above, the Filing Parties respectfully request that the
Commission allow a thirty (30) day period for their answer to the filings submitted in response to the October 2013 Filing.
Respectfully submitted,
NEW YORK INDEPENDENT SYSTEM OPERATOR, INC.
By: /s/ Carl F. Patka
Robert E. Fernandez, General Counsel
Ray Stalter, Director of Regulatory Affairs
Carl F. Patka, Assistant General Counsel
New York Independent System Operator, Inc.
10 Krey Boulevard
Rensselaer, NY 12144
Email: rfernandez@nyiso.com Email: rstalter@nyiso.com
Email: cpatka@nyiso.com
Ted J. Murphy
Hunton & Williams LLP
2200 Pennsylvania Ave, NW
Washington, DC 20037
Email: tmurphy@hunton.com
Michael Messonnier
Hunton & Williams LLP
951 East Byrd Street
Richmond, VA 23219
Email: mmessonnier@hunton.com
NEW YORK TRANSMISSION OWNERS
By: /s/ Elias G. Farrah
Elias G. Farrah
Winston & Strawn, LLP 1700 K Street, NW
Washington, DC 20006-3817
Email: efarrah@winston.com
*Paul L. Gioia
Whiteman Osterman & Hanna LLP One Commerce Plaza
Albany, NY 12260
Email: pgioia@woh.com
/s/ John Borchert
John Borchert
Senior Director of Energy Policy and Transmission Development
Central Hudson Gas & Electric Corporation 284 South Avenue
Poughkeepsie, NY 12601
Email: jborchert@cenhud.com
/s/ Richard B. Miller
Consolidated Edison Company of New York, Inc. Orange and Rockland Utilities, Inc.
Richard B. Miller
Director of Energy Markets Policy Group
Consolidated Edison Co. of New York, Inc.
4 Irving Place
Room 1815-s
New York, NY 10003
Email: millerrich@coned.com
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/s/Kristina Nifora
Consolidated Edison Company of New York, Inc. Orange and Rockland Utilities, Inc.
Kristina Nifora, Esq.
Senior Attorney
Consolidated Edison Co. of New York, Inc.
4 Irving Place
Room 1850-s
New York, NY 10003
Email: niforak@coned.com
/s/ Jacqueline Hardy
Jacqueline Hardy
Assistant General Counsel
Long Island Power Authority
333 Earle Ovington Boulevard Suite 403
Uniondale, NY 11553
Email: jhardy@lipower.org
David Clarke
Director of Power Markets Policy Long Island Power Authority
99 Washington Avenue 10th Floor
Albany, NY 12210-2822
Email: dclarke@lipower.org
Joseph Nelson
Van Ness Feldman
A LIMITED LIABILITY PARTNERSHIP 1050 Thomas Jefferson Street, NW
Washington DC 20007
202-298-1894
jbn@vnf.com
/s/ R. Scott Mahoney
R. Scott Mahoney, Esq.
Attorney for NYSEG and RG&E Iberdrola USA
18 Link Drive
Binghamton, New York 13902-5224
Email: scott.mahoney@iberdrolausa.com
/s/ Andrew Neuman
New York Power Authority Andrew Neuman, Esq.
New York Power Authority 123 Main Street
White Plains, NY 10601-3170
Email: andrew.neuman@nypa.gov
Andrew Antinori, Director Market Issues New York Power Authority
123 Main Street
White Plains, NY 10601-3170
Email: andrew.antinori@nypa.gov
/s/ Daniel Galaburda
Niagara Mohawk Power Corporation d/b/a/ National Grid
National Grid USA Service Company, Inc. Assistant General Counsel and Director
40 Sylvan Road
Waltham, MA 02451-1120
Email: daniel.galaburda@us.ngrid.com
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David Lodemore
Senior Counsel
Niagara Mohawk Power Corporation d/b/a National Grid
40 Sylvan Road
Waltham, MA 02451-1120
david.lodemore@nationalgrid.com
Bart Franey
Director of Federal Regulation
Niagara Mohawk Power Corporation d/b/a National Grid
300 Erie Boulevard West
Syracuse, NY 13202
bart.franey@nationalgrid.com
November 18, 2013
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CERTIFICATE OF SERVICE
I hereby certify that I have this day caused the foregoing document to be served 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 Commission Rules of Practice and Procedure, 18 C.F.R. § 385.2010 (2013).
Dated at Washington, D.C. this 18th day of November 2013.
/s/ Catherine Karimi
Catherine Karimi
Sr. Professional Assistant
Hunton & Williams LLP
2200 Pennsylvania Ave, NW
Washington, DC 20037
Tel: (202) 955-1500
Fax: (202) 778-2201
E-mail: ckarimi@hunton.com
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