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`UNITED STATES OF AMERICA
`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
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`.
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`Cricket Valley Energy Center LLC and
`Empire Generating Company, LLC,
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` Complainants,
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` v.
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`New York Independent System Operator Inc.,
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` Respondent.
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`Docket No. EL21-7-000
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`ANSWER OF THE
`NEW YORK TRANSMISSION OWNERS
`TO NEW YORK INDEPENDENT SYSTEM OPERATOR’S
`MOTION FOR EXTENSION OF TIME
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`Pursuant to Rule 213 of the Rules of Practice and Procedure of the Federal Energy Regulatory
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`Commission (“FERC” or “Commission”),1 Central Hudson Gas & Electric Corporation, Consolidated
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`Edison Company of New York, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, New York
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`Power Authority, New York State Electric & Gas Corporation, Orange and Rockland Utilities, Inc., Long
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`Island Power Authority, and Rochester Gas and Electric Corporation (the “New York Transmission
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`Owners” or “NYTOs”) submit this Answer in support of the motion filed by the New York Independent
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`System Operator, Inc. (“NYISO”) in the above-captioned proceeding for an Extension of Time to Answer
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`Complaint on October 16, 2020.2 The New York Transmission Owners strongly support the Motion and
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`1 18 C.F.R. § 385.213 (2019).
`2 New York Independent System Operator, Inc., Docket No. ER21-7-000, “Motion of the New York Independent
`System Operator, Inc. for Extension of Time to Answer Complaint” (filed October 16, 2020) (“Motion”).
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`urge the Commission to grant promptly this modest request and to establish a new comment deadline of
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`November 18, 2020.
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`I.
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`BACKGROUND
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`On October 15, 2020, the Commission issued public notice that Cricket Valley Energy Center LLC
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`and Empire Generating Company, LLC filed a formal complaint against the NYISO requesting that the
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`Commission find the “capacity offer floor measures” set forth in NYISO’s Market Administration and
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`Control Area Services Tariff are unjust, unreasonable, and unduly discriminatory because they fail to
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`address alleged price suppression in the “installed capacity Spot Market Auctions resulting from resources
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`receiving out-of-market payments….” The referenced complaint was filed with the Commission on
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`October 14, 2020, and requested fast track processing. The Commission’s October 15, 2020 notice
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`specified a November 3, 2020 comment date, which is twenty days after the complaint was filed with the
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`Commission.
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`On October 16, 2020, the NYISO filed the Motion. In support of the Motion, the NYISO asserts
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`that the Complaint seeks a fundamental change to the NYISO-administered capacity construct that could
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`have a substantial impact on existing and potential market participants.3 The Motion also states that the
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`New York State Public Service Commission already is actively engaged in exploring options concerning
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`New York’s capacity construct “in substantial part because of concerns related to the BSM Rules’ impact
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`on state clean energy mandates.”4 In light of the complexity of the issues and the potentially profound
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`impacts of Commission action on the Complaint and for other reasons described in the Motion, the NYISO
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`asserts the Commission’s standard 20-day response period will not be sufficient and granting of an
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`extension would be in line with relevant Commission precedent and eminently appropriate under the
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`circumstances.5
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`3
`4
`5
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`Id. at 2.
`Id. at 3.
`Id.
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`2
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`II.
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`ANSWER IN SUPPORT OF EXTENSION OF TIME
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`The New York Transmission Owners strongly support the Motion. The requested extension of 15
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`days is very modest given the nature of the allegations in the Complaint, as well as the justification offered
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`for the requested relief. Under the circumstances, including those presented in the Motion, it is important
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`that all potentially impacted parties have sufficient time to review and assess the Complaint. The Complaint
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`is quite sweeping in its allegations and requests a form of relief that could engender profound consequences
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`that could materially impact the electricity consuming public throughout New York. By granting the
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`requested extension, the Commission will allow potentially interested and impacted parties critically
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`important time to review, evaluate and develop thoughtful analysis. It would be prudent for the
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`Commission to take reasonable steps to ensure sufficient time for interested parties to study and evaluate
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`the Complaint and to be afforded all reasonable opportunity to form meaningful responses to assist the
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`Commission in making a reasonable decision on the Complaint. The modest extension requested by the
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`NYISO may not be enough, but it certainly should be granted.
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`Respectfully submitted,
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`/s/ Lyle D. Larson
`Lyle D. Larson
`Andrew W. Tunnell
`Abigail C. Fox
`Balch & Bingham LLP
`1710 Sixth Avenue North
`Birmingham, Alabama 35203
`llarson@balch.com
`atunnell@balch.com
`afox@balch.com
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`Counsel to the Indicated New York Transmission
`Owners
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`3
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`/s/ John Borchert
`John Borchert
`Senior Director of Energy Policy and
`Transmission Development
`Central Hudson Gas & Electric Corporation
`284 South Avenue
`Poughkeepsie, NY 12601
`jborchert@cenhud.com
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`/s/ Nicholas J. Cicale
`Nicholas J. Cicale
`Attorney
`Avangrid Service Company
`New York State Electric & Gas Corporation
` and
`Rochester Gas and Electric Corporation
`180 Marsh Hill Road
`Orange, CT 06477
`nicholas.cicale@uinet.com
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`/s/ David C. Lodemore
`David C. Lodemore
`Senior Counsel
`Niagara Mohawk Power Corporation
`d/b/a/ National Grid
`40 Sylvan Road
`Waltham, MA 02451-1120
`david.lodemore@nationalgrid.com
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`/s/ David Clarke
`David Clarke
`Director of Wholesale Market Policy
`Long Island Power Authority
`333 Earle Ovington Boulevard, Suite 403
`Uniondale, NY 11553
`dclarke@lipower.org
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`Dated: October 19, 2020
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`/s/ Glenn D. Haake
`Glenn D. Haake
`Special Counsel
`New York Power Authority
`30 South Pearl Street, 10th Floor
`Albany, NY 12207
`Glenn.Haake@nypa.gov
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`/s/ Susan J. LoFrumento
`Susan J. LoFrumento
`Associate Counsel
`Consolidated Edison Co. of New York, Inc.
`Orange and Rockland Utilities, Inc.
`4 Irving Place
`New York, NY 10003
`lofrumentos@coned.com
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`/s/ Paul Ghosh-Roy
`Paul Ghosh-Roy
`Assistant General Counsel
`Long Island Power Authority
`333 Earle Ovington Boulevard, Suite 403
`Uniondale, NY 11553
`pghosh-roy@lipower.org
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`4
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`CERTIFICATE OF SERVICE
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`I hereby certify that I have this day served the foregoing document on those parties on the official
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`Service List compiled by the Secretary in this proceeding.
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`Dated at Birmingham, Alabama, this 19th day of October, 2020
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`/s/ Lyle Larson__
`Lyle D. Larson
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