40.22Construction of Connecting Transmission Owner’s Attachment Facilities, System Upgrade Facilities, and System Deliverability Upgrades

40.22.1Schedule

The Connecting Transmission Owner and Interconnection Customer shall negotiate in good faith concerning a schedule for the construction of the Connecting Transmission Owner’s Attachment Facilities, the System Upgrade Facilities, and the System Deliverability Upgrades.  If the System Upgrade Facilities or System Deliverability Upgrades involve Affected Transmission Owners, the Affected Transmission Owner and Interconnection Customer shall negotiate in good faith concerning a schedule for the construction of such upgrades.

40.22.2Construction Sequencing

40.22.2.1              General

In general, the Initial Backfeed Date of the Interconnection Customer in each Cluster Study seeking interconnection to the New York State Transmission System will determine the sequence of construction of System Upgrade Facilities and System Deliverability Upgrades.

40.22.2.2Advance Construction of System Upgrade Facilities and System Deliverability Upgrades that are an Obligation of an Entity other than the Interconnection Customer

An Interconnection Customer with an interconnection agreement, in order to maintain its Initial Backfeed Date, may request that the Connecting Transmission Owner advance to the extent necessary the completion of System Upgrade Facilities and System Deliverability Upgrades that: (i) were assumed, as applicable, in the Cluster Study or Class Year Study for such Interconnection Customer, (ii) are necessary to support such Initial Backfeed Date, and (iii) would otherwise not be completed, pursuant to a contractual obligation of an entity other than the Interconnection Customer that is seeking interconnection to the New York State Transmission System, in time to support such Initial Backfeed Date.  Upon such request, Connecting Transmission Owner will use Reasonable Efforts to advance the construction of such System Upgrade Facilities and System Deliverability Upgrades to accommodate such request; provided that the Interconnection Customer commits in writing to pay Connecting Transmission Owner any associated expediting costs.

40.22.2.3Advancing Construction of System Upgrade Facilities or System Deliverability Upgrades that are Part of an Expansion Plan of the ISO or Connecting Transmission Owner

An Interconnection Customer with an interconnection agreement, in order to maintain its Initial Backfeed Date, may request that the Connecting Transmission Owner advance to the extent necessary the completion of System Upgrade Facilities and System Deliverability Upgrades that: (i) are necessary to support such Initial Backfeed Date and (ii) would otherwise not be completed, pursuant to an expansion plan of the ISO or Connecting Transmission Owner, in time to support such Initial Backfeed Date.  Upon such request, Connecting Transmission Owner will use Reasonable Efforts to advance the construction of such System Upgrade Facilities and System Deliverability Upgrades to accommodate such request; provided that the Interconnection Customer commits in writing to pay Connecting Transmission Owner any associated expediting costs. 

40.22.3Provisional Interconnection Service

Subject to the requirements of Section 40.21.4, prior to the completion of the Cluster Study and prior to completion of requisite Attachment Facilities, Distribution Upgrades, System Upgrade Facilities, System Distribution Upgrades, or System Protection Facilities, the Interconnection Customer may request an evaluation for Provisional Interconnection Service.  The ISO, in conjunction with the Connecting Transmission Owner(s), shall determine, through available studies or additional studies as necessary, whether stability, short circuit, thermal, and/or voltage issues would arise if the Interconnection Customer interconnects without modifications to the Facility or the New York State Transmission System (or Distribution System as applicable).  The ISO, in conjunction with the Connecting Transmission Owner, shall determine whether any Attachment Facilities, Distribution Upgrades, System Upgrade Facilities, System Deliverability Upgrades, or System Protection Facilities, which are necessary to meet Applicable Laws and Regulations, Applicable Reliability Standards, and Good Utility Practice, are in place prior to the commencement of interconnection service from the Facility.  Where available studies indicate that the Attachment Facilities, Distribution Upgrades, System Upgrade Facilities, System Deliverability Upgrades, or System Protection Facilities are required for the interconnection of a new, modified and/or expanded Facility but such facilities are not currently in place, the ISO, in conjunction with the Connecting Transmission Owner, will perform a study, at Interconnection Customer’s expense, to confirm the facilities that are required for Provisional Interconnection Service.  The maximum permissible output of the Facility in the Provisional Standard Interconnection Agreement shall be studied, at Interconnection Customer’s expense, and updated annually.  The ISO shall issue the study’s findings in writing to Interconnection Customer and Connecting Transmission Owner(s).  Following a determination by the ISO, in conjunction with the Connecting Transmission Owner, that Interconnection Customer may reliably provide Provisional Interconnection Service, the ISO shall tender to Interconnection Customer and Connecting Transmission Owner, a Provisional Standard Interconnection Agreement.  The ISO, Interconnection Customer, and Connecting Transmission Owner may execute the Provisional Standard Interconnection Agreement, or Interconnection Customer may request the filing of an unexecuted Provisional Standard Interconnection Agreement with the Commission.  Interconnection Customer shall assume all risk and liabilities with respect to changes between the Provisional Standard Interconnection Agreement and the Standard Interconnection Agreement, including changes in output limits and the cost responsibilities for the Attachment Facilities, System Upgrade Facilities, System Deliverability Upgrades, and/or System Protection Facilities.