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TED J. MURPHY
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EMAIL: tmurphy@hunton.com
November 15, 2011
By Electronic Delivery
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission 888 First Street N.E.
Washington, D.C. 20426
Re: New York Independent System Operator, Inc. Errata to Filing in Docket No.
ER10-2569-000 and Request for November 8, 2010 Effective Date; Docket No.
ER12-________1
Dear Ms. Bose:
On September 9, 2010, the New York Independent System Operator (“NYISO”)
submitted proposed revisions to its Open Access Transmission Tariff and its Market
Administration and Control Area Services Tariff (“Services Tariff”) to reorganize and clarify the
requirements for charges and payments in Rate Schedule 1 and related provisions of the NYISO
tariffs. As part of the proposed revisions, the NYISO proposed a few non-substantive drafting
improvements to its tariffs. The Commission accepted the NYISO’s proposed revisions on
October 27, 2010, with an effective date of November 8, 2010. It has since come to the
NYISO’s attention that several of the drafting improvements inadvertently changed the
1 The docket in this proceeding (ER10-2569-000) was closed following the Commission’s acceptance of the
NYISO’s September 9, 2010 revisions. In accordance with eTariff procedures, the NYISO is submitting this errata filing in a new docket. The Commission has previously accepted a NYISO errata filing using this process. See, e.g., New York Independent System Operator, Inc., Letter Order, Docket No. ER11-3674-000 (July 27, 2011). The
NYISO will provide service to all parties in the original docket.
ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES
McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO WASHINGTON
www.hunton.com
Kimberly D. Bose, Secretary November 15, 2011
Page 2
substantive meaning of certain provisions in the NYISO tariffs. The NYISO is filing this errata to correct this error.2
In its September 9, 2010 cover letter addressing the proposed revisions to the NYISO’s Rate Schedule 1 and related tariff provisions, the NYISO described its proposed substantive revisions and then stated:
The NYISO also proposes general, non-substantive drafting improvements to the
Rate Schedule 1 Provisions. For example, the NYISO proposes to ensure that the
defined terms: Actual Energy Withdrawals, Actual Energy Injections, Scheduled
Energy Withdrawals, and Scheduled Energy Injections are capitalized throughout
the NYISO tariffs.
While the drafting changes were intended to be non-substantive changes to improve the readability of the NYISO tariffs, the capitalization of several identified terms outside of Rate
Schedule 1 of the NYISO tariffs inadvertently changed the substantive meaning of certain tariff provisions regarding the determination of energy market settlements. In particular, capitalization of the phrases “scheduled Energy injection” and “scheduled Energy withdrawal” inserted a
substantive meaning to these phrases which was not intended. The NYISO and its stakeholders did not intend to make substantive changes to these provisions as part of the September 9 filing. The NYISO is, therefore, submitting a revised tariff section to back out the drafting changes that capitalized these two phrases. All other revisions to capitalize defined terms in Section 4.5 of the Services Tariff included in the filing in Docket ER10-2569-000 were appropriately non-
substantive but necessary and are not proposed to be revised.
The Commission’s acceptance of the NYISO’s corrections will not impact the intended substantive revisions to the NYISO’s Rate Schedule 1 requirements and will ensure that the tariff revisions accurately reflect the intention of the NYISO and its stakeholders.
The NYISO is resubmitting a clean and redlined version of the impacted tariff provisions.
The attached tariff section reflects a correction to language that has already been accepted by the
Commission in this proceeding.3 For this reason, the NYISO requests that the Commission
accept the revised tariff section with an effective date of November 8, 2010, which is the
effective date of the other tariff sections accepted by the Commission in this proceeding.
2 The Commission has previously accepted errata to correct errors in filed tariff sections after the Commission’s issuance of an order accepting a filing. See, e.g., New York Independent System Operator, Inc., Letter Order, Docket No. ER09-836-002 (November 5, 2009) (accepting revised tariff sections to correct inadvertently moved tariff
language several months after the Commission’s acceptance of filing); New York Independent System Operator, Inc., Letter Order, Docket No. ER09-1027-001 (September 24, 2009) (accepting revised tariff sheets to include an erroneously removed exemption several months after the Commission’s acceptance of filing).
3 New York Independent System Operator, Inc., Letter Order, Docket No. ER10-2569-000 (October 27, 2010).
Kimberly D. Bose, Secretary November 15, 2011
Page 3
The NYISO respectfully submits the following documents:
1.This filing letter;
2.A blacklined version of the proposed modifications to the Services Tariff
(“Attachment I”); and
3.A clean version of the proposed modifications to the Services Tariff (“Attachment
II”).
Respectfully submitted,
___________________ Ted J. Murphy
Counsel for
New York Independent System Operator, Inc.
cc:Michael A. Bardee
Gregory Berson
Connie Caldwell
Anna Cochrane
Jignasa Gadani
Lance Hinrichs
Jeffrey Honeycutt
Michael Mc Laughlin
Kathleen E. Nieman
Daniel Nowak
Rachel Spiker
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 November, 2011.
/s/ Joy Zimberlin
Joy Zimberlin
New York Independent System Operator, Inc
10 Krey Blvd.
Rensselaer, NY 12114 (518) 356-6207
