NYISO Tariffs --> Open Access Transmission Tariff (OATT) --> 17 OATT Attachment K - Reservation Of Certain Transmission C
17.1General Description of Existing Transmission Capacity Reservations
This Attachment describes (i) the treatment of Existing Transmission Agreements (“ETA”), including Transmission Wheeling Agreements (“TWA”), Third Party Transmission Wheeling Agreements (“Third Party TWA”), and Transmission Facilitiesy Agreements (“TFA”), (ii) the treatment of Grandfathered Rights and Grandfathered TCCs arising out of such Existing Transmission Agreements, and (iii) the creation of Existing Transmission Capacity for Native Load. and the LBMP Transition Period during which certain rights and obligations apply. The applicability of this Attachment with the exception of Section 17.6 of this Attachment, is subject to the effective date of any necessary Section 205 filing pursuant to the FPA or, for agreements not subject to FERC jurisdictions, the execution of an amendment adopting the provisions of this Attachment
Nothing in this Attachment K shall impact the rights of parties to make Section 205 filings pursuant to the FPA to amend, terminate, or otherwise modify ETAs or, for agreements not subject to FERC jurisdiction, the rights of parties to amend, terminate, or otherwise modify ETAs.
17.2Transmission Wheeling Agreement (“TWA,”) Third Party TWA, and TFA Treatment; ETCNL Creation
17.2.1.1Each TWA between Transmission Owners associated with a Generator or a power supply contract shall bewas converted into a Modified Wheeling Agreement (“MWA”) to be effective upon or around LBMP implementationthe start-up of the ISO. TheSuch TWAs being converted to MWAs are listed in Attachment L, Table 1A, where the “Treatment” column is denoted as “MWA.” The terms and conditions of each of these TWAs shall remain unchanged by the conversion except as follows:
(i) the MWA cCustomer will have had the option of retaining the transmission rights received under the existing TWA (“Grandfathered Rights”) or converting those transmission Grandfathered rRights to TCCs (“Grandfathered TCCs”) pursuant to Section 17.2.5;
(ii) the rights and obligations under the MWA shall be assignable, in whole or in part, with the transfer of a Generator or rights under a power supply contract to an assignee that satisfies reasonable creditworthiness standards;
(iii) the MWA Ccustomer or the assignee will continue to pay the embedded cost-based rate for Transmission Service in accordance with Sections 17.3.2 and/or 17.4.1, below except that it
(iv) the MWA customer shall have to pay for losses under this ISO Tariff OATT in accordance with Section 17.5, and the Transmission Owner shall not charge the MWA Ccustomer or the assignee of the MWA for losses to the extent they are provided under this TariffISO OATT;
(iv) the payments under MWAs for related to Grandfathered Rights and Grandfathered TCCs do not include the costs of Ancillary Services as provided in Section 17.6, and customers under these agreements will be responsible for Ancillary Services consistent with the other provisions of Section 17.6this Tariff; (v) any additional modifications to each TWA necessary to convert it into a MWA shall be the subject of a separate amendment to the TWA; and
(vi) the corresponding MWA will be terminated to the extent the TMWA is to transmit Energy from such a Generator, upon the retirement of the associated Generator, the termination of the associated power supply contract, or such other date specified in the MWA by mutual agreement of the parties to the TMWA., except as follows:
17.2.1.1Subject to Section 17.2.1.2, for each TWA associated with a power supply contract, that is terminated pursuant to its terms prior to the end of the LBMP Transition Period, the MWA shall remain in effect until the end of the LBMP Transition Period. At the end of the LBMP Transition Period, such MWAs will be automatically terminated.
17.2.1.2For each TWA associated with (a) the Blenheim-Gilboa power supply contract (as noted in Attachment L, Table 1, Line Items 2, 8, 17, 31, 48 and 59) or, if the power supply contract is terminated pursuant to its terms prior to the end of the LBMP Transition Period, the MWA shall also be terminated.
17.2.1.2As long as each MWA cCustomer retains Grandfathered Rights or Grandfathered TCCs, it must maintain all MWAs from each associated Point of ReceiptInjection of the Generator or the NYCA Interconnection with another Control Area to the corresponding Point of Delivery Withdrawal of the Load served by the MWA or at the NYCA Interconnection with another Control Area. The Point of Injection may be designated as the “Point of Receipt,” or similar, under the MWA. The Point of Withdrawal may be designated as the “Point of Delivery,” or similar, under the MWA.
Any other differences between the terms and conditions of the MWAs and those of the associated TWAs for which a customer elects Grandfathered Rights or Grandfathered TCCs are discussed in Sections 17.3 and 17.4 of this Attachment, respectively.
17.2.2.1Each existing TWA with a Third Party (“Third Party TWA”), alleach of which are is listed in Attachment L, Table 1A, where the “Treatment” column is denoted as “Third Party TWA” or “OATT,” will remain in effect in accordance with its terms and conditions, including provisions governing modification or termination, except that the Third Party TWA customer mayhad the option of:
(i)17.2.2.1retaining the existing transmission rights (“Grandfathered Rights”) subject to the provisions below; or
(ii)17.2.2.2converting the transmission Grandfathered rRights to Grandfathered TCCs pursuant to Section 17.2.5, and (a) purchase or sell power in the LBMP Market pursuant to this Tariff or (b) execute Bilateral Transactions for Capacity, Energy, and/or Ancillary Services, and obtain Transmission Service subject to the rates, terms, and conditions of this Tariff except as explicitly noted below in this Attachment; or
(iii)17.2.2.3terminatinge the existing agreement (if the terms and conditions allowed for termination), and (a) purchase or sell power in the LBMP Market pursuant to this Tariff or (b) execute Bilateral Transactions for Capacity, Energy, and/or Ancillary Services, and obtaining Transmission Service subject to the rates, terms, and conditions of this ISOTariff OATT.
17.2.2.2As long as each Third Party TWA Ccustomer retains Grandfathered Rights or Grandfathered TCCs, it must maintain all Third Party TWAs from each associated Point of Receipt Injection of the Generator or the NYCA Interconnection with another Control Area to the corresponding Point of Delivery Withdrawal of the Load served by the Third Party TWA or at the NYCA Interconnection with another Control Area.
17.2.2.3Each Third Party TWA cCustomer, whether it elects Grandfathered TCCs or Grandfathered Rights, shall have the right to inject Energy at the specified Point of Receipt and withdraw it at the specified Point of Delivery in designated amounts without application of a TSC. Customers electing Grandfathered Rights will be exempt from having to pay the Congestion Component of the TUC.
For the Third Party TWAs listed in Attachment L, Table 1, Line Items 55-62, 65-69, 73-82, 84-92, 98-114, 150-190, each specific individual municipal or cooperative electrical system listed in each such Agreement shall be deemed to be the Third Party TWA Customer for purposes of electing one (1) of the options set forth above. The municipal or cooperative may elect Grandfathered Rights or Grandfathered TCCs in specified amounts between specified Points of Receipt and Points of Delivery. Those Grandfathered Rights or TCCs become the rights or TCCs of the municipal or cooperative. Whichever option is selected by the municipal or cooperative, it thereby waives all rights under the Federal Power Act associated with NYPA’s obligation to secure transmission wheeling arrangements on its behalf associated with the TWA rights elections. If any specific municipal or cooperative fails to make this election, NYPA shall have the right to make the election for that municipal or cooperative.
Commencing with LBMP implementationOn or around ISO start-up, certain TWAs between the Transmission Owners will bewere terminated. These TWAs are listed in Attachment L, Table 1A, where the “Treatment” column is denoted as “Terminated,.” and no rights or obligations shall be associated with such terminated TWAs pursuant to this ISO OATT.
Existing TFAs containing no provisions for transmission service require no modifications. These agreements are listed in Attachment L, Table 2.
TFAs that contain provisions for transmission service are listed in Attachment L, Table 1A, where the “Treatment” column is denoted as “Facility Agmt - MWA.” These TFAs will remain in effect in accordance with their terms and conditions, including any provision governing modification or termination, except that customers under these agreements may elect Grandfathered Rights or may convert their rights to Grandfathered TCCs.
17.2.5 Grandfathered Rights and Grandfathered TCCs Created from MWAs, Third Party TWAs, and TFAs
17.2.5.1Each MWA customer, Third Party TWA customer, and TFA customer (such customers being listed as the “requestor” in Attachment L, Table 1A):
(i)was initially deemed to hold a Grandfathered Right with the Point of Injection, Point of Withdrawal, termination date, and other terms of the ETA which Grandfathered Right shall (unless converted to a Grandfathered TCC) continue in effect pursuant to the terms of the ETA, subject to Section 17.9; and
(ii)was permitted to convert such Grandfathered Right into a Grandfathered TCC until the date that was the earlier of two weeks prior to the first Centralized TCC Auction or six weeks prior to the start-up of the ISO, which Grandfathered TCC shall continue in effect consistent with the terms of the ETA, subject to Section 17.9.
17.2.5.2Grandfathered Rights may no longer be converted to Grandfathered TCCs. Grandfathered TCCs may not be converted to Grandfathered Rights.
17.2.5.3For the Third Party TWAs listed in Attachment L, Table 1A, contract numbers 55-62, 65-66, 73-82, 84-92, 98-114, 150-190, each specific individual municipal or cooperative electrical system listed in each such ETA shall be deemed to be the Third Party TWA customer for purposes of holding Grandfathered Rights or Grandfathered TCCs in specified amounts between specified Points of Injection and Points of Withdrawal. Those Grandfathered Rights or Grandfathered TCCs are the Grandfathered Rights or Grandfathered TCCs of the municipal or cooperative. Whether Grandfathered Rights or Grandfathered TCCs are held by the municipal or cooperative, it thereby waives all rights under the Federal Power Act associated with NYPA’s obligation to secure transmission wheeling arrangements on its behalf associated with the Third Party TWA rights elections.
Certain transmission capacity associated with the use of a Transmission Owner's own system to serve its own load will bewas designated as Existing Transmission Capacity for Native Load (“ETCNL”) andas shown on Table 3 of Attachment L. The transmission Capacity shown on Table 3 of Attachment L will be available in each Auction; provided, however, that the amount of transmission Capacity available from each set of ETCNL may be reduced (i) if the ETCNL was previously sold as TCCs that are valid for any part of the duration of any TCCs to be sold in the Centralized TCC Auction, (ii) if the ETCNL is reduced pursuant to Section 19.8.2 of Attachment M of this Tariff, or (iii) if the ETCNL is converted to ETCNL TCCs pursuant to Section 19.4 of Attachment M of this Tariff.
The Transmission Owners shall release all ETCNL that is not converted into ETCNL TCCs into each Centralized TCC Auction in accordance with Attachment M.
Such Existing Transmission Capacity for Native Load shall not be increased above the megawatt (MW) amounts noted in Attachment L, Table 3, of the ISO Tariff. The requirements and procedures relating to ETCNL reduction are set forth in Attachment M of the ISO OATT.
Each ETA Customer that maintains holder of Grandfathered Rights under an option listed in Section 17.2 above, retains has the right to inject power at one specified bus and take power at another specified bus up to amounts reflected in Attachment L, Table 1A, without having to pay the Congestion Component of the TUC, but only to the extent it schedules (in accordance with applicable ISO Procedures) the injection and withdrawal Day-Ahead and is on schedule. If it the holder of the Grandfathered Right does not schedule Energy Day-Ahead or inject or withdraw Energy, it will not receive (or pay) any Congestion Rents associated with the Transaction. If the holder of a Grandfathered Right schedules Day-Ahead and/or transacts for a portion of the Grandfathered Rights that are retained, it will not receive any compensation for the unused transmission capacity. If the customer under the MWA, TFA or Third Party TWA holder of a Grandfathered Right transmits Energy without scheduling it Day-Ahead (in accordance with applicable ISO Procedures) or exceeds the amounts specified in Attachment L, Table 1A, the customer will pay the real-time TUC for all Energy transmitted under the Transaction exceeding the Day-Ahead schedule or the number of MW of Grandfathered Rights. This TUC will include real-time Congestion Rents. If the ETA Customer schedules Day-Ahead and/or transacts for a portion of the Grandfathered Rights that are retained, it will not receive any compensation for the unused transmission capacity. The ETA Customer will not be permitted to resell or transfer these Grandfathered Rights unless permitted in the existing agreements, except as noted above.
Subject to the losses provision below, each MWA or TFA Customer shall pay the contract rates for the Grandfathered Rights which shall be frozen at the contract rates that were in effect on the date the ISO Tariff was originally filed at FERC (January 31, 1997), through the LBMP Transition Period or the termination date of the TFA, if earlier. After the LBMP Transition Period, rates under each MWA or TFA will be based on embedded cost, and these contract rates may be updated, if allowed for in the terms and conditions of each MWA or TFA. Each MWA or TFA Customer or its assignee shall pay the Transmission Owner under the MWA or TFA directly for the Grandfathered Rights.
Each MWA or TFA customer that chooses Grandfathered Rights shall pay the ISO for losses, under this Tariff. The Transmission Owner shall not charge for losses under the ETA, MWA or TFA to the extent the losses are provided under this Tariff. To the extent losses on the Transmission Owner’s system are not provided under this Tariff, the Transmission Owner may charge for losses unless prohibited from doing so under the MWA or TFA. The customer will pay or receive payment for losses between the Point of Receipt and the Point of Delivery under the MWA or TFA listed in Attachment L, Table 1, as calculated in accordance with this Tariff.
Subject to Section 17.5 below, each Third Party TWA Customer will compensate the Transmission Owner under a Third Party TWA for transmission charges in accordance with the terms and conditions of the TWA, including any provisions governing modification or termination.
Third Party TWA Customers that choose Grandfathered Rights shall pay the ISO for losses under the ISO Tariff. The Transmission Owner shall not charge for losses under the Third Party TWA to the extent the losses are provided under this Tariff. To the extent losses on the Transmission Owner’s system are not provided, the Transmission Owner may charge for losses, unless prohibited from doing so under the Third Party TWA. The Transmission Customer will pay or receive payment for losses between the Points of Receipt and Points of Delivery under the Third Party TWA listed in Attachment L, Table 1, as calculated in accordance with this Tariff.
17.4Terms Applicable to Conversion to Grandfathered TCCs
Each ETA Customer, that has the right to convert transmission rights to TCCs in accordance with Section 17.2 above, must notify the ISO of its election to convert to TCCs the earlier of two weeks prior to the first TCC Auction or six weeks prior to the start-up of the ISO in accordance with procedures that the ISO will post. Where the applicable ETA provides for more than one Point of Receipt and/or more than one Point of Delivery, these ETA Customers may designate Grandfathered Rights or Grandfathered TCCs, but not both, from each Point of Receipt to each Point of Delivery. The ISO will assign point-to-point TCCs to the ETA Customer, equivalent to the amount of transmission capacity (in MWs) associated with the transmission service received under each ETA, as measured between the Generator bus or NYCA Interconnection with another Control Area where the power is injected and the Point of Delivery of the Load served by the ETA or at the NYCA Interconnection with another Control Area. If the ETA Customer fails to duly notify the ISO of its conversion to Grandfathered TCCs, the ISO and Transmission Owner will deem the ETA Customer to have elected Grandfathered Rights.
Each holder of Grandfathered TCCs, shall receive (or pay, when negative congestion occurs) the Day-Ahead Congestion Rent associated with its Grandfathered TCCs pursuant to Attachment N, but will be subject to the service provisions of the ISO Tariff, including the duty to pay for (i) Congestion Rent, and (ii) Marginal Losses for use of the transmission system in accordance with the provisions of the ISO OATT.
Each MWA or TFA cCustomer shall continue to pay the Transmission Owner rates set forth in the MWA or TFA. which shall be frozen at the contract rates that were in effect on the date this Tariff was originally filed at FERC (January 31, 1997), through the LBMP Transition Period or the termination date of the MWA or TFA, if earlier. After the LBMP Transition Period, rRates under each MWA or TFA shall be based on embedded cost, and these embedded cost rates may be updated, if allowed for in the terms and conditions of each MWA or TFA. The MWA orcustomer or TFA Ccustomer or its assignee shall pay the Transmission Owner directly for the Grandfathered TCCs.
Each MWA or TFA Customer that chooses Grandfathered TCCs, shall receive (or pay, when negative congestion occurs) the Day-Ahead Congestion Rent associated with its Grandfathered TCCs, and will be subject to the service provisions of the ISO Tariff, including the duty to pay for (i) Congestion Rent; and (ii) Marginal Losses for use of the transmission system.
Subject to Section 17.56, below, each Third Party TWA Ccustomer will pay the Transmission Owner transmission charges in accordance with the terms and conditions of the Third Party TWA, including any provisions governing modification or termination. The Third Party TWA customer or its assignee shall pay the Transmission Owner directly.
Third Party TWA Customers that convert the existing transmission rights to TCCs shall receive (or pay, when negative congestion occurs) the Day-Ahead Congestion Rent associated with its TCCs, and will be subject to the service provisions of this Tariff, including the duty to pay for: (i) Congestion Rent; and (ii) Marginal Losses for use of the transmission system.
17.4.3 Transmission Service Charge Relief
Each MWA, Third Party TWA, or TFA customer, whether it elected Grandfathered TCCs or Grandfathered Rights pursuant to Section 17.2.5, shall have the right to inject Energy at the specified Point of Injection and withdraw it at the specified Point of Withdrawal in designated amounts without application of a TSC, provided that the MWA, Third Party TWA, or TFA customer schedules it pursuant to applicable ISO Procedures.
17. 5. Responsibility For Losses
17.5.1 MWA Customers and TFA Customers to Pay Losses
17.5.1.1Each MWA customer or TFA customer, irrespective of whether it chose Grandfathered Rights or Grandfathered TCCs under Section 17.2.5, shall pay the ISO for losses under this ISO OATT. The Transmission Owner shall not charge for losses under the MWA or TFA to the extent the losses are provided under this ISO OATT. The MWA customer or TFA customer will pay or receive payment for losses between the Point of Injection and the Point of Withdrawal under the MWA or TFA listed in Attachment L, Table 1A, as calculated in accordance with this ISO OATT.
17.5.1.2To the extent losses on the Transmission Owner’s system are not provided under this ISO OATT, the Transmission Owner may charge for losses unless prohibited from doing so under the MWA or TFA.
17.5.2 Third Party TWA Customers to Pay Losses
17.5.2.1Each Third Party TWA customer, irrespective of whether it chose Grandfathered Rights or Grandfathered TCCs under Section 17.2.5, shall pay the ISO for losses under the ISO OATT. The Transmission Owner shall not charge for losses under the Third Party TWA to the extent the losses are provided under this ISO OATT. The Third Party TWA customer will pay or receive payment for losses between the Points of Injection and Points of Withdrawal under the Third Party TWA listed in Attachment L, Table 1A, as calculated in accordance with this ISO OATT.
17.5.2.2To the extent losses on the Transmission Owner’s system are not provided under this OATT, the Transmission Owner may charge for losses, unless prohibited from doing so under the Third Party TWA.
17.65Responsibility for Ancillary ServicesResponsibility for Ancillary Services
Irrespective of whether an ETA is a MWA, Third Party TWA or a TFA, or whether a customer thereunder electsed Grandfathered Rights or Grandfathered TCCs, the customer shall be responsible for payment for any applicable Ancillary Services that shall be provided pursuant to this Tariff ISO OATT.
17.6LBMP Transition Period and Payment
In the absence of an effective Section 205 Filing under the FPA, the ISO shall follow the methodology prescribed in the Transmission Agreement governing the specific transaction in question. The ISO shall not hold a Transmission Owner responsible for any shortfall in loss revenue resulting from discrepancies between losses calculations used by the ISO and losses calculations prescribed by any Transmission Agreement. In the event Third Party TWAs do not convert the existing rights to TCCs, and in which the participants pay losses other than marginal losses, and in the event the applicable Transmission Owner experiences losses revenue deficiencies due to the event that the Transmission Owner is charged on a marginal losses basis by the ISO for the losses associated with these unmodified TWAs the following procedures shall be implemented. To the extent any Transmission Owner incurs payments to the ISO for its unmodified TWAs resulting from any marginal losses provisions of this Tariff over and above the compensation the Transmission Owner receives under its TWA, and the following is a good faith effort by the Transmission Owner to modify the TWA via a FERC Section 205 filing pursuant to the Federal Power Act to pay charges consistent with this Tariff, the ISO will reimburse each affected Transmission Owner for its losses revenue deficiencies as follows: (a) for each specific bilateral transaction associated with an unmodified TWA, the ISO will calculate the marginal loss component “L” of the TUC; (b) the Transmission Owner will be responsible to the ISO for each marginal losses charge “L”; (c) the Transmission Owner will submit arrangements specified in each of its unmodified TWAs to the ISO including the amount of reimbursement “R” from the participant for the losses associated with each bilateral transaction; (d) the Transmission Owner will compute its losses revenue variances for each applicable unmodified TWA as its marginal losses charge “L” minus the amount of reimbursement “R” for the losses associated with the bilateral transaction; (e) the ISO will settle with each Transmission Owner for the sum total of its losses revenue variances; and (f) total losses revenue variances will reduce or increase the amount of the Residual Adjustment in Schedule 1 of this Tariff.
At the present time, the Member Systems do not have sufficient data to calculate the LTPP term of the TSC formula. This provision shall only become effective upon the filing of such data and the determination of the LTPP payments with the Commission. Prior to such filing, the LTPP will be set to zero.
A “LBMP Transition Period” shall be established under which the Investor-Owned Transmission Owners shall be subject to a schedule of fixed monthly transmission payments (“LBMP Transition Period Payments” or “LTPP”). These payments will occur for the period commencing with the start of the first Centralized TCC Auction and continuing for a period of five (5) years following implementation of both the Day-Ahead and Real-Time Markets. The formula for calculating the LTPP is shown below. The LTPP calculation is based upon the differences between each Investor-Owned Transmission Owner’s net transmission revenues and expenses under the current NYPP system and the proposed restructured NYPP system utilizing LBMP. The specific factors include: (1) the amount of transmission revenues/expenses eliminated through the termination of some TWAs including existing net Transmission Fund (“T-Fund”) distributions in effect under the current NYPP pricing mechanism; (2) estimated Congestion Rents to be paid under LBMP; (3) revenues received from the distribution of Net Congestion Rents and the sale of TCCs; and (4) transmission revenues received from off-system sales. The LTPP to be paid or received by the Investor-Owned Transmission Owners during the LBMP Transition Period are designed to offset the net effect of these revenues and expenses.
The LTPP will be calculated once for the entire LBMP Transition Period within thirty (30) days after the initial Centralized TCC Auction. The sum of all LTPPs for the Investor-Owned Transmission Owners shall be zero.
The formula for the calculation of the LTPP for each Investor-Owned Transmission Owner is as follows:
LTPP=RTA + CR - SR1- SR2- CRR - ROS
Where:
RTA =Net reduction in revenue resulting from the termination of existing transmission wheeling agreements, effective upon LBMP implementation;
CR = Estimated Congestion Rents to be incurred under LBMP;
SR1 = Revenues from the Direct Sale of Original Residual TCCs and Grandfathered TCCs by Transmission Owners prior to the first Centralized TCC Auction, which are valued at the Market Clearing Prices from the first Centralized TCC Auction;
SR2 =Actual revenues from the allocation of TCC sales revenues from the first Centralized TCC Auction;[1]
CRR =Estimated revenues received from the ownership of TCCs, based on the results from the first Centralized TCC Auction and Imputed Revenues from Grandfathered Rights; and
ROS =Transmission revenues received from off-system sales, as reported in FERC Form 1.
All estimates or forecasts used to determine each LTPP are subject to unanimous agreement among the Investor-Owned Transmission Owners; absent unanimous agreement, they may unanimously agree to submit to mediation or arbitration; absent this latter agreement, then each such Transmission Owner reserves its rights under the FPA to justify or protest LTPP estimates or forecasts.
The LTPP will be based on the latest available FERC Form 1 data for transmission revenues and expenses.
An ETA customer will not be permitted to resell or transfer Grandfathered Rights unless permitted in the existing agreements, except as noted in Section 17.2.1.1(ii).
17.8.2.1 Grandfathered TCCs may be transferred (whether through sale or otherwise) in the same manner in which other types of TCCs may be transferred pursuant to Attachment M; provided, however, if a Transmission Owner sells Grandfathered TCCs, the Transmission Owner shall do so either through Direct Sales or through Centralized TCC Auctions or Reconfiguration Auctions, as provided in Attachment M of the ISO OATT.
17.8.2.2 To the extent a Grandfathered TCC is transferred (other than in connection with the assignment of the underlying ETA), the relief from the Transmission Service Charge (as provided in Section 17.4.3) and the obligation to pay the transmission charges set forth in an ETA (as provided in Section 17.4.1 and Section 17.4.2) shall continue to apply to the ETA customer, and such rights and obligations shall not transfer with the transfer of the Grandfathered TCC.
A holder of a Grandfathered Right or Grandfathered TCC may appoint the party indicated in Attachment L, Table 1A, in the column labeled “Requestor” to hold the Grandfathered Right or Grandfathered TCC for the ultimate benefit of the ETA customer, and such parties shall be deemed to be the holder of the Grandfathered Right or Grandfathered TCC. The holding by such party shall not be deemed a transfer.
17.9.1 ISO to Make GFR/GFTCC Settlements Based on Information Made Available Through Established Procedures
17.9.1.1 The ISO shall maintain on its website a list of all Accepted Revisions, including the date each such Accepted Revision took effect. The ISO shall also maintain on its website a copy of Attachment L, Table 1A that will be updated from time to time to reflect Accepted Revisions.
17.9.1.2Notwithstanding other provisions of the ISO Tariffs, but subject to Sections 17.9.1.3, 17.9.1.4, 17.9.1.5 the ISO shall base Settlements pertaining to Grandfathered Rights and Grandfathered TCCs (and conduct Centralized TCC Auctions and administer other processes pertaining to Grandfathered Rights and Grandfathered TCCs) on information listed in Attachment L, Table 1A, and on Accepted Revisions then in effect; provided, however:
(i)the ISO shall administer Reconfiguration Auctions and Centralized TCC Auctions on the basis of information listed in Table 1A and Accepted Revisions in effect thirty (30) or more days prior to the first round of the relevant auction and the ISO shall not include more recent changes; provided, however, see provisions in 17.9.1.3; and
(iii)the ISO shall process requests for Fixed Price TCCs pursuant to Attachment M, on the basis of information listed in Table 1A and Accepted Revisions in effect thirty (30) or more days prior to the deadline for submitting the documentation necessary to request a Fixed Price TCC; provided, however, for requests for Fixed Price TCCs based on Accepted Revisions in effect fewer than 30 days prior to the deadline or following the deadline for submitting the documentation necessary to request a Fixed Price TCC, see 17.9.1.3.
17.9.1.3 If an Accepted Revision, pursuant to which the ISO may offer an entity a Fixed Price TCC, is in effect fewer than 30 days prior to the deadline or following the deadline for submitting the documentation necessary to request a Fixed Price TCC, the ISO shall:
(i) As provided for in the ISO Transmission Congestion Contracts Manual, use the specified period of time (“reasonable period”) to expeditiously determine eligibility of the entity and, if eligible, offer the entity a Fixed Price TCC pursuant to Attachment M and process its request for, or decline of, a Fixed Price TCC;
(ii) Base settlements pertaining to Grandfathered Rights and Grandfathered TCCs pursuant to the terms of the Accepted Revision. Settlements pertaining to Grandfathered TCC or Grandfathered Right will reflect the termination of, or other change in, the Grandfathered TCC or Grandfathered Right provided by the Accepted Revision, except as otherwise provided in 17.9 and Attachment M;
(iii) Hold the Transmission Capacity made available by the Accepted Revision out of Centralized TCC Auctions and Reconfiguration Auctions until it is determined that the party is not eligible for a Fixed Price TCC or declines the Fixed Price TCC, or elects an effective date for the Fixed Price TCC of the first day of the following Capability Period. As appropriate, the transmission capacity made available by the Accepted Revision will be released into the first Reconfiguration Auction or Centralized TCC Auction that occurs 30 days or more after the terms of the Accepted Revision make it available. If the entity elects some or all its Fixed Price TCC, the ISO shall not release Transmission Capacity made available by the Accepted Revision into a Reconfiguration Auction or Centralized TCC Auction to the extent it supports the Fixed Price TCC.
17.9.1.4If a signatory to the ETA provides notification and documentation pursuant to Section 17.9.3 that supports a change in an ETA or a change in Attachment L information, or entitlement to a Fixed Price TCC, that was effective prior to a Settlement, the ISO shall make adjustments to the Settlement, in accordance with and to the extent permitted by the billing and payment provisions of the ISO OATT.
17.9.1.5A termination of an ETA based on the occurrence of an event, which event is described in the cells of Attachment L, Table 1A, and a change to information in the cells of Attachment L, Table 1A, which change is related to a footnote to Table 1A that informs, supplements or modifies information in the cells of Table 1A, shall be in effect as an Accepted Revision after the ISO receives written notification of the occurrence of the event or the change to information in the cells of Attachment L, Table 1A from a signatory to the ETA in accordance with the provisions of Section 17.9.3.
17.9.2Responsibility for Providing Revised Information
The signatories to an ETA shall notify the ISO of any revisions to Table 1A information that may impact Settlements (and TCC related processes), including the termination of an ETA based on the occurrence of an event, in accordance with the provisions of Section 17.9.3. The signatories to an ETA shall also notify the ISO of any revisions to information in the cells of Attachment L, Table 1A, which revision may impact Settlements (and TCC related processes) and which is related to a footnote to Table 1A that informs, supplements, or modifies information in the cells of Table 1A.
17.9.3 Process for Making Accepted Revisions Other than Accepted Revisions Pursuant to Section 17.9.1.4
17.9.3.2 Non-NYPA/LIPA ETAs (Accepted Revision Not Due to ETA Amendment). For ETAs in which neither NYPA nor LIPA is the provider of service, a proposed revision to Attachment L, Table 1A to make it consistent with the existing terms of an ETA will be in effect as an Accepted Revision as of the start of the second day following the day that: (i) the ISO has received a written notification of a change in the Table 1A information from a signatory to the ETA in accordance with ISO Procedures and confirmation that a copy of the notification has been provided to all other signatories to the ETA, and a copy thereof, and (ii) the ISO has received FERC orders, copies of the relevant agreement(s) (including amendments thereto), or other information relevant to the change; provided, however, settlements and the administration of other processes pertaining to Grandfathered Rights and Grandfathered TCCs will be made in accordance with the provisions of Section 17.9.1. If the ISO receives notification from any signatory to the ETA that it objects to the requested change in the information in Table 1A, the ISO will immediately notify the party requesting the change and the ISO will not implement the requested change until the disagreement between the signatories has been resolved pursuant to the dispute resolution provisions of the ETA or by an appropriate legal authority.
17.9.3.3 NYPA/LIPA ETAs. For ETAs in which NYPA or LIPA is the provider of service, a proposed revision to Attachment L, Table 1A pursuant to an amendment of a transmission agreement or to make Table 1A consistent with the existing terms of a transmission agreement will be in effect as an Accepted Revision as of the start of the second day following the day that (i) the ISO has received a written notification of a change in the ETA or change in Attachment L information from a signatory to the ETA in accordance with ISO Procedures and confirmation that a copy of the notification has been provided to all other signatories to the ETA, and a copy thereof, and (ii) the ISO has received copies of the relevant agreement(s) (including amendments thereto) or other information relevant to the change; provided, however, settlements and the administration of other processes pertaining to Grandfathered Rights and Grandfathered TCCs will be in accordance with the provisions of Section 17.9.1. If the ISO receives notification from any signatory to the ETA that it objects to the requested change in the information in Table 1A, the ISO will immediately notify the party requesting the change and the ISO will not implement the requested change until the disagreement between the signatories has been resolved pursuant to the dispute resolution provisions of the ETA or by an appropriate legal authority.
17.9.3.4 ISO to Notify Market. The ISO shall provide reasonable notice to all Customers when it receives written notification of a change to Table 1A information pursuant to Section 17.9.1.4 or Sections 17.9.3.1(i), 17.9.3.2(i), or 17.9.3.3(i).
17.9.3.5ISO Responsibility for Review. In receiving written notification of a proposed revision to Attachment L, Table 1A and copies of information related to such change, the ISO will process the Accepted Revision strictly on the basis of the receipt of such information and the representations it receives from the parties to the ETA.
The ISO shall biannually present revisions to Attachment L, Table 1A to stakeholders for filing with the Commission to reflect Accepted Revisions posted on the ISO website; provided, however, that the ISO shall have no obligation to propose revisions to Table 1A if no Accepted Revisions have been posted on the ISO website.
Effective Date: 10/9/2011 - Docket #: ER11-4274-000 - Page 1
[1]For the purposes of calculating the LTPP, each Original Residual TCC shall be valued at a weighted average of the prices determined in Stage 1 of the Centralized TCC Auction. The weighted average shall be computed by multiplying the fraction of total transmission capability offered for sale in Stage 1 of the Auction that will be offered for sale in that round, as determined by the Transmission Providers, and the Market Clearing Price of that TCC in that round, summed over all Stage 1 rounds. The price at which Transmission Providers sell Original Residual TCCs through sales prior to the Centralized TCC Auction shall not affect the calculation of the LTPP. NYPA's NTAC (See Attachment H) shall be calculated by valuing their Original Residual TCCs at the greater of the market value of a TCC, as determined by this weighted average of the Market Clearing Prices of that TCC in Stage 1 of the Centralized TCC Auction, or the price at which NYPA sells the Original Residual TCCs through sales prior to the Centralized TCC Auction, if it chooses to do so.