{"document":{"slug":"filing-20260803-5241","title":"Motion for Abeyance and Request for Shortened Answer Period and Expedited Treatment of LS Power Grid New York Corporation I and New York Transco LLC","issued":"2026-08-03","accession":"20260803-5241","docket":"EL26-69-000","group":"NYISO filings","filer":"LS Power Grid New York Corporation INew York Transco LLC","kind":"answer","file":"sources/originals/20260803-5241_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260803-5241","sha256":"d86d3bd52647731273c2295346cbb8e1ede4152aae7d0b8904903140495f1d3f","pages":10,"tokens":2739,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":242,"text":"1 \nUNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \nNew York Independent System Operator, Inc., et \nal. \n \n) \n) \n) \n) \nDocket No. EL26-69-000 \nMOTION FOR ABEYANCE AND REQUEST FOR SHORTENED ANSWER PERIOD \nAND EXPEDITED TREATMENT OF  \nLS POWER GRID NEW YORK CORPORATION I AND NEW YORK TRANSCO LLC \nI. \nINTRODUCTION \nPursuant to Rule 212 of the Federal Energy Regulatory Commission’s (“FERC” or \n“Commission”) Rules of Practice and Procedure,1 LS Power Grid New York Corporation I and \nNew York Transco LLC (collectively, “Non-Incumbent TOs” or “NTOs”) respectfully submit \nthis Motion for Abeyance in response to the Order Instituting Proceeding Under Section 206 of \nthe Federal Power Act, issued in the above-captioned proceeding on June 18, 2026.2  The NTOs \nseek a 90-day full abeyance of the current 60-day deadline to respond to all issues raised in the \nShow Cause Order so that the NTOs may have the additional time necessary to prepare an FPA \nsection 205 filing alongside New York Independent System Operator, Inc. (“NYISO”) and \nrelevant stakeholders.  The NTOs further request that the Commission shorten the answer period \nfor this Motion to five days and issue an order on this Motion by August 13, 2026, so that NTOs \nwill have certainty regarding their obligations in advance of the August 17, 2026 deadline to \nrespond to the Show Cause Order. \n \n1 \n18 C.F.R. § 385.212 (2025). \n2  N.Y. Indep. Sys. Operator, Inc., 195 FERC ¶ 61,216 (2026) (“Show Cause Order”)."},{"page":2,"startToken":242,"endToken":572,"text":"2 \nThe NTOs appreciate the Commission’s attention and guidance on issues relating to the \ninterconnection of large loads, including data centers, to the FERC-jurisdictional transmission \nsystem.  The NTOs believe the potential tariff changes discussed in the Show Cause Order may \nprovide opportunities for the NYISO and the transmission owning members of NYISO (“NYISO \nTOs”) to integrate large loads efficiently and further protect ratepayers across the NYISO region \nfrom transmission-related costs associated with speculative requests or large-load additions that \ndo not materialize as planned.  The NTOs also agree that speed to interconnection should be a \npriority as the stakeholders work through this process.  The NTOs respectfully move to hold the \nobligation to respond to the Show Cause Order in abeyance in order to allow NYISO and the \nTOs sufficient time to ensure the proposed tariff revisions are workable, transparent, and \nresponsive to the Commission’s identified areas of concern. \nII. \nARGUMENT \nIn the Show Cause Order, the Commission states that it will consider requests for \nabeyances of up to 90 days, which should include both (1) a robust description of the content of a \npotential future filing under FPA section 205 and (2) a reasoned and specific explanation of \nwhen such a filing is expected to be made.3 \nThe NTOs seek additional time to ensure they can develop comprehensive, coordinated \ntariff amendments in accordance with the Commission’s directives.  The issues the Commission \nhas raised are complex and substantial.  Addressing the Show Cause Order will require \nsubstantial revisions to the NYISO Open Access Transmission Tariff (“Tariff”)—potentially \nincluding new pro forma contract(s)—and incorporate study and application processes tailored to \nthe provision of transmission service to Eligible Customers on behalf of large loads.  The Non-\nIncumbent TOs must therefore closely coordinate with the NYISO and other NYISO TOs as the \nparties draft new provisions and, as applicable, revise existing provisions.  NYISO is separately \nseeking an abeyance to engage in its stakeholder process, which requires a corresponding motion \n \n3  Id. P 42."},{"page":3,"startToken":572,"endToken":975,"text":"3 \nfor abeyance for the NTOs.  Accordingly, the NTOs seek an abeyance until November 16, \n2026,4 for each NTO to submit its response to the Show Cause Order.5 \nA. \nProposed Tariff Revisions \nThe Show Cause Order sets out five preliminary findings.  First, the Commission \npreliminarily found that the NYISO Tariff appears to be unjust and unreasonable because it lacks \nprovisions that address, with sufficient clarity and consistency, how NYISO and/or the \nTransmission Owners will timely study — that is, within 60 to 90 days of receiving the request \n— the provision of transmission service to Eligible Customers on behalf of large loads.6  The \nShow Cause Order directs NYISO and the Transmission Owners, to the extent the matters \naddressed implicate aspects of the Tariff over which they hold the filing rights, either to explain \nwhether the Tariff remains just and reasonable without an application process, study procedures, \nand ongoing operational requirements that address the unique characteristics and challenges of \nproviding transmission service to Eligible Customers on behalf of large loads, or to propose \nappropriate Tariff revisions.7 \nSecond, the Commission preliminarily found that the Tariff appears to be unjust and \nunreasonable because it lacks adequate mechanisms to mitigate the risk of cost shifting among \ntransmission customers, specifically (1) transparency regarding the assignment of Network \nUpgrades, and their associated costs, that are needed to provide transmission service to Eligible \n \n4  Ninety (90) days from the response deadline is Sunday, November 15, 2026, and, therefore, such time \nperiod should end on November 16, 2026.  See 18 C.F.R. § 385.2007(a)(2) (stating that the last day of \nany time period is included in the time period, unless it is a Saturday or Sunday). \n5  At this time, the NTOs anticipate a single filing by the NYISO and NYISO TOs will be submitted in \nresponse to the Show Cause Order.  It may be necessary, however, for each FERC-jurisdictional \ntransmission owner to submit supplemental filings in response to some of the briefing questions \nincluded in the Show Cause Order. \n6  Show Cause Order, 195 FERC ¶ 61,216 at P 44.  The Commission identified four component \ndeficiencies: the absence of a definition of large load, of an application process and study procedures, \nof ongoing operational requirements, and of pro forma provisions in a transmission service agreement \nmemorializing those requirements.  Id. PP 63-65, 70-71. \n7  Id. P 47; see also id. PP 3, 38 (ordering directives)."},{"page":4,"startToken":975,"endToken":1320,"text":"4 \nCustomers on behalf of large loads, and (2) a pro forma cost recovery agreement among NYISO, \nthe relevant transmission owner, and the Eligible Customer taking transmission service on behalf \nof large loads that helps ensure that Eligible Customers bear the risk of, and are ultimately \nresponsible for, the costs incurred to provide that service.8  The Commission further stated that it \nappears reasonable for filers of formula rates to provide a separate workpaper in the annual \ninformational filing describing how payments made pursuant to such an agreement are reflected \nin the transmission owner’s transmission formula rate.9 \nThird, the Commission preliminarily found that the Tariff appears to be unjust and \nunreasonable because it does not address, with sufficient clarity and consistency, the rates, terms, \nand conditions of service that apply to interconnection customers serving co-located load; does \nnot include transmission services that reflect that an Eligible Customer taking transmission \nservice on behalf of Eligible Load is willing and able to limit its energy withdrawals from the \ntransmission system under certain conditions; does not require Eligible Customers taking one of \nthose new transmission services on behalf of Eligible Load to pay for regulation and black start \nservice on a gross demand basis; and permits load with behind the meter generation to net that \ngeneration against its load for purposes of calculating Transmission Service Charges for Host \nLoads configured in a BTM:NG Resource arrangement.10 \nFourth, the Commission preliminarily found that the Tariff appears to be unjust and \nunreasonable because it does not include transmission services that reflect Eligible Customers \ntaking transmission service on behalf of flexible large loads that are willing and able to limit \ntheir use of the transmission system under certain conditions, and identified interim network \nintegration transmission service and permanent firm and non-firm contract demand transmission \nservice as the services whose absence NYISO must address.11 \n \n8  Id. P 72; see also id. PP 77, 82 (cost transparency), 83, 87 (pro forma cost recovery agreement). \n9  Id. P 91. \n10  Id. PP 101, 104-105, 107, 109, 110. \n11  Id. PP 111-113."},{"page":5,"startToken":1320,"endToken":1661,"text":"5 \nFifth, the Commission preliminarily found that the Tariff appears to be unjust and \nunreasonable because it does not contain provisions allowing an interconnection customer to \nseek the generator interconnection service or services that reflect the operational dynamics of \nserving either an electrically proximate large load or a co-located load with a high peak load, \nmeaning a co-located load of 50 MW or greater.12  The Show Cause Order separately directs \nNYISO alone, and not the Transmission Owners, to submit an informational report addressing \nresource adequacy to serve new large loads.13 \nThe issues for the NYISO and NYISO TOs to address are interconnected; therefore, \nsuccessful FPA section 205 filings will require significant coordination among the NYISO, the \nNYISO TOs, and other stakeholders, such as state regulators.  The NTOs understand that the \nNYISO plans to file responsive tariff amendments in November (assuming its abeyance request \nis granted), and the NTOs’ cooperation in developing this proposal is vital.  For example, the \nroles, responsibilities, and processes to interconnect and serve large loads taking new types of \ntransmission services will likely be dependent on modifications to existing services under the \nNYISO Tariff.  NYISO-specific regional differences must also be considered.  The NTOs have \nalready been regularly meeting with the NYISO to discuss the issues expected to be addressed, \nthe contemplated process for implementing appropriate FPA section 205 revisions, and the \nanticipated filing schedule.  The NTOs intend to continue working together through the \nstakeholder process to identify appropriate revisions to the NYISO Tariff.14  The NTOs expect to \npropose revisions to the Tariff and related agreements addressing the application process, study \nprocedures, and ongoing operational requirements applicable to Eligible Customers seeking \ntransmission service on behalf of large loads.  Those revisions are expected to concern, among \nother matters, the definition of a large load; readiness and information requirements; the \n \n12  Id. P 121. \n13  Id. PP 4, 39, 128, 129. \n14  For example, NTOs plan to coordinate on developing new application processes and study processes \nto account for new NYISO flexible, co-located, and/or proximate transmission services."},{"page":6,"startToken":1661,"endToken":1969,"text":"6 \nevaluation of alternative transmission technologies; a pro forma service agreement \nmemorializing operational terms; transparency; cost recovery, associated financial security, and \nrate treatment provisions intended to mitigate cost shifting among transmission customers; and a \nreasonable implementation period and effective date designed to minimize disruption to existing \ncommercial arrangements.  These matters remain under development and may evolve through \ncoordination with NYISO and stakeholders.  NTOs will coordinate with NYISO and complete \ninternal approvals that may be necessary in time to comply with the Commission’s directives by \nNovember 16, 2026. \nB. \nBriefing Questions \nThe Commission also identifies several issues for further briefing.15  The NTOs \nunderstand that, if the Commission grants the requested full abeyance, the deadline to respond to \nthe briefing questions will likewise be held in abeyance.16  The NTOs believe an abeyance is \nappropriate as to the briefing questions as they are wholly interrelated with the issues to be \naddressed in the NTOs’ Section 205 filings, as described above. \nIII. \nREQUEST FOR SHORTENED ANSWER PERIOD AND EXPEDITED \nTREATMENT \nNTOs respectfully request that the Commission shorten the answer period for this Motion \nto five days and grant expedited treatment so that it may issue an order on this Motion by August \n13, 2026.  Rule 213(d)(1) of the Commission’s Rules of Practice and Procedure provides that an \nanswer to a motion must be made within 15 days after the motion is filed unless the Commission \norders otherwise.17  The Commission should order otherwise here, for three reasons. \n \n15  Show Cause Order, 195 FERC ¶ 61,216 at Section IV. \n16  Id. P 42 (stating that “the deadline to respond to this order” for “all or certain aspects of this FPA \nsection 206 proceeding” will be held in abeyance for up to 90 days upon a successful petition by a \nTO). \n17  18 C.F.R. § 385.213(d)(1)."},{"page":7,"startToken":1969,"endToken":2366,"text":"7 \nFirst, a shortened answer period and expedited action will provide regulatory certainty in \nadvance of a deadline that is now imminent.  The Show Cause Order directs NYISO and the \nNYISO TOs to respond within 60 days of issuance, which is August 17, 2026—14 days from the \ndate of this filing.18  If the ordinary fifteen-day answer period applies, the Commission will not \nbe in a position to rule on this Motion until after NTOs’ response is already due.  NTOs would \nthen be required to divert resources to preparing a merits response to the Show Cause Order \nrather than to the coordinated work with NYISO and stakeholders that is necessary to produce \nthe contemplated FPA section 205 filing.  The need for certainty is heightened here, because the \nCommission has emphasized that it will not grant abeyances reflexively.19 \nSecond, interested entities have been on notice of the need to respond to abeyance \nrequests promptly.  The Commission expressly contemplated such requests in the Show Cause \nOrder and directed that they be submitted within 45 days of issuance so as to allow the \nCommission time to act on them.20  Because the Commission itself contemplated that an \nabeyance request could be filed as late as 15 days before the response deadline, any entity with \nan interest in this proceeding has been on notice since June 18, 2026, that it would need to \nrespond to such a request on an expedited basis.  A five-day answer period is therefore consistent \nwith the schedule the Commission established and will not prejudice any participant.21 \nThird, expedited action will promote administrative efficiency.  The NTOs understand \nthat NYISO and the other FERC-jurisdictional transmission owners have or intend to similarly \nrequest that the Commission hold this proceeding in abeyance.  These requests are interrelated.  \n \n18  Show Cause Order, 195 FERC ¶ 61,216 at P 38 & Ordering Para. (B).  Sixty days from the June 18, \n2026 issuance date is Monday, August 17, 2026. \n19  Id. P 42. \n20  Id.  The Commission directed that requests for a full or partial abeyance be submitted \"within 45 days \nof issuance of this order, to allow time for the Commission to act on the abeyance request.\"  Id. \n21  Five days from the August 3, 2026 filing date is Saturday, August 8, 2026, which Rule 2007 moves to \nMonday, August 10, 2026.  18 C.F.R. § 385.2007(a)(1)-(2)."},{"page":8,"startToken":2366,"endToken":2568,"text":"8 \nNTOs’ ability to develop and submit an FPA section 205 filing depends on the outcome of the \nNYISO stakeholder process that NYISO’s request is designed to accommodate, and NTOs do \nnot administer a stakeholder process of their own through which the issues raised in the Show \nCause Order could be resolved independently.  Ruling on both requests together, and in advance \nof the August 17, 2026 deadline, will avoid the prospect that NTOs are held to a merits deadline \nwhile the regional process on which their FPA section 205 filing depends remains underway. \nIV. \nCONCLUSION \nFor the reasons described above, the NTOs respectfully request that the Commission (i) \ngrant this Motion and hold this proceeding in abeyance for 90 days beginning August 17, 2026, \nand extend NTOs’ deadline to respond in full to the Show Cause Order to November 16, 2026; \n(ii) shorten the answer period for this Motion to five days; and (iii) grant expedited treatment and \nissue an order on this Motion by August 13, 2026.   \n \nRespectfully submitted, \n \n/s/ Blake R. Urban \nBlake R. Urban \n16150 Main Circle Drive, Suite 310 \nChesterfield, MO 63017 \nTelephone: \n(636) 231-0475 \nEmail:  \nburban@lspower.com \nAttorney for \nLS Power Grid New York Corporation I"},{"page":9,"startToken":2568,"endToken":2628,"text":"9 \n \n \n \n \n \n/s/ Evan C. Reese, III \nEvan C. Reese, III \n \n \n \n \n \nDay Pitney, LLP \n \n \n \n \n \n555 11th Street NW \n \n \n \n \n \nWashington, D.C.  20004 \n \n \n \n \n \nTelephone:   (202) 298-1817 \n \n \n \n \n \nEmail:  \nereese@daypitney.com  \n \nThomas Schram \n \n \n \n \n \nGeneral Counsel \n \n \n \n \n \nNew York Transco LLC \n \n \n \n \n \n800 Westchester Ave. \n \n \n \n \n \nSuite N-601 \n \n \n \n \n \nRye Brook, NY  10573 \n \n \n \n \n \nEmail:  \nThomas.Schram@NYTransco.com  \n \n \n \n \n \n \nCounsel for New York Transco LLC \n \nDated: August 3, 2026"},{"page":10,"startToken":2628,"endToken":2739,"text":"CERTIFICATE OF SERVICE \nUnder Rule 2010 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. § \n385.2010 (2025), I hereby certify that I have this day served the foregoing MOTION FOR \nABEYANCE AND REQUEST FOR SHORTENED ANSWER PERIOD AND \nEXPEDITED TREATMENT OF LS POWER GRID NEW YORK CORPORATION I \nAND NEW YORK TRANSCO LLC upon each person designated on the official service list \ncompiled by the Secretary in this proceeding. \nDated at Silver Spring, Maryland, this 3rd day of August 2026. \n \n/s/ Seth Yeazel \nSeth Yeazel \nAssociate Regulatory Counsel \nLS Power Development, LLC \n16150 Main Circle Drive, Suite 310 \nChesterfield, MO 63017 \nTel: (240) 904-5109 \nsyeazel@lspower.com"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":1,"endAt":323,"startToken":0,"endToken":47},{"p":1,"at":323,"title":"I. INTRODUCTION","method":"PDF bookmark","endPage":1,"endAt":327,"startToken":47,"endToken":48},{"p":1,"at":327,"title":"INTRODUCTION","method":"printed heading","endPage":2,"endAt":1005,"startToken":48,"endToken":389},{"p":2,"at":1005,"title":"II. ARGUMENT","method":"PDF bookmark","endPage":3,"endAt":160,"startToken":389,"endToken":602},{"p":3,"at":160,"title":"A. Proposed Tariff Revisions","method":"PDF bookmark","endPage":6,"endAt":674,"startToken":602,"endToken":1748},{"p":6,"at":674,"title":"B. Briefing Questions","method":"PDF bookmark","endPage":6,"endAt":1133,"startToken":1748,"endToken":1820},{"p":6,"at":1133,"title":"III. request for shortened answer period and expedited treatment","method":"PDF bookmark","endPage":8,"endAt":565,"startToken":1820,"endToken":2459},{"p":8,"at":565,"title":"IV. Conclusion","method":"PDF bookmark","endPage":8,"endAt":570,"startToken":2459,"endToken":2460},{"p":8,"at":570,"title":"CONCLUSION","method":"printed heading","endPage":10,"endAt":0,"startToken":2460,"endToken":2628},{"p":10,"at":0,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":10,"endAt":692,"startToken":2628,"endToken":2739}]}