EL26-69-000 · 2026-08-03 · LS Power Grid New York Corporation INew York Transco LLC
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
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UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
New York Independent System Operator, Inc., et
al.
)
)
)
)
Docket No. EL26-69-000
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
I.
INTRODUCTION
Pursuant to Rule 212 of the Federal Energy Regulatory Commission’s (“FERC” or
“Commission”) Rules of Practice and Procedure,1 LS Power Grid New York Corporation I and
New York Transco LLC (collectively, “Non-Incumbent TOs” or “NTOs”) respectfully submit
this Motion for Abeyance in response to the Order Instituting Proceeding Under Section 206 of
the Federal Power Act, issued in the above-captioned proceeding on June 18, 2026.2 The NTOs
seek a 90-day full abeyance of the current 60-day deadline to respond to all issues raised in the
Show Cause Order so that the NTOs may have the additional time necessary to prepare an FPA
section 205 filing alongside New York Independent System Operator, Inc. (“NYISO”) and
relevant stakeholders. The NTOs further request that the Commission shorten the answer period
for this Motion to five days and issue an order on this Motion by August 13, 2026, so that NTOs
will have certainty regarding their obligations in advance of the August 17, 2026 deadline to
respond to the Show Cause Order.
1
18 C.F.R. § 385.212 (2025).
2 N.Y. Indep. Sys. Operator, Inc., 195 FERC ¶ 61,216 (2026) (“Show Cause Order”).
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The NTOs appreciate the Commission’s attention and guidance on issues relating to the
interconnection of large loads, including data centers, to the FERC-jurisdictional transmission
system. The NTOs believe the potential tariff changes discussed in the Show Cause Order may
provide opportunities for the NYISO and the transmission owning members of NYISO (“NYISO
TOs”) to integrate large loads efficiently and further protect ratepayers across the NYISO region
from transmission-related costs associated with speculative requests or large-load additions that
do not materialize as planned. The NTOs also agree that speed to interconnection should be a
priority as the stakeholders work through this process. The NTOs respectfully move to hold the
obligation to respond to the Show Cause Order in abeyance in order to allow NYISO and the
TOs sufficient time to ensure the proposed tariff revisions are workable, transparent, and
responsive to the Commission’s identified areas of concern.
II.
ARGUMENT
In the Show Cause Order, the Commission states that it will consider requests for
abeyances of up to 90 days, which should include both (1) a robust description of the content of a
potential future filing under FPA section 205 and (2) a reasoned and specific explanation of
when such a filing is expected to be made.3
The NTOs seek additional time to ensure they can develop comprehensive, coordinated
tariff amendments in accordance with the Commission’s directives. The issues the Commission
has raised are complex and substantial. Addressing the Show Cause Order will require
substantial revisions to the NYISO Open Access Transmission Tariff (“Tariff”)—potentially
including new pro forma contract(s)—and incorporate study and application processes tailored to
the provision of transmission service to Eligible Customers on behalf of large loads. The Non-
Incumbent TOs must therefore closely coordinate with the NYISO and other NYISO TOs as the
parties draft new provisions and, as applicable, revise existing provisions. NYISO is separately
seeking an abeyance to engage in its stakeholder process, which requires a corresponding motion
3 Id. P 42.
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for abeyance for the NTOs. Accordingly, the NTOs seek an abeyance until November 16,
2026,4 for each NTO to submit its response to the Show Cause Order.5
A.
Proposed Tariff Revisions
The Show Cause Order sets out five preliminary findings. First, the Commission
preliminarily found that the NYISO Tariff appears to be unjust and unreasonable because it lacks
provisions that address, with sufficient clarity and consistency, how NYISO and/or the
Transmission Owners will timely study — that is, within 60 to 90 days of receiving the request
— the provision of transmission service to Eligible Customers on behalf of large loads.6 The
Show Cause Order directs NYISO and the Transmission Owners, to the extent the matters
addressed implicate aspects of the Tariff over which they hold the filing rights, either to explain
whether the Tariff remains just and reasonable without an application process, study procedures,
and ongoing operational requirements that address the unique characteristics and challenges of
providing transmission service to Eligible Customers on behalf of large loads, or to propose
appropriate Tariff revisions.7
Second, the Commission preliminarily found that the Tariff appears to be unjust and
unreasonable because it lacks adequate mechanisms to mitigate the risk of cost shifting among
transmission customers, specifically (1) transparency regarding the assignment of Network
Upgrades, and their associated costs, that are needed to provide transmission service to Eligible
4 Ninety (90) days from the response deadline is Sunday, November 15, 2026, and, therefore, such time
period should end on November 16, 2026. See 18 C.F.R. § 385.2007(a)(2) (stating that the last day of
any time period is included in the time period, unless it is a Saturday or Sunday).
5 At this time, the NTOs anticipate a single filing by the NYISO and NYISO TOs will be submitted in
response to the Show Cause Order. It may be necessary, however, for each FERC-jurisdictional
transmission owner to submit supplemental filings in response to some of the briefing questions
included in the Show Cause Order.
6 Show Cause Order, 195 FERC ¶ 61,216 at P 44. The Commission identified four component
deficiencies: the absence of a definition of large load, of an application process and study procedures,
of ongoing operational requirements, and of pro forma provisions in a transmission service agreement
memorializing those requirements. Id. PP 63-65, 70-71.
7 Id. P 47; see also id. PP 3, 38 (ordering directives).
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Customers on behalf of large loads, and (2) a pro forma cost recovery agreement among NYISO,
the relevant transmission owner, and the Eligible Customer taking transmission service on behalf
of large loads that helps ensure that Eligible Customers bear the risk of, and are ultimately
responsible for, the costs incurred to provide that service.8 The Commission further stated that it
appears reasonable for filers of formula rates to provide a separate workpaper in the annual
informational filing describing how payments made pursuant to such an agreement are reflected
in the transmission owner’s transmission formula rate.9
Third, the Commission preliminarily found that the Tariff appears to be unjust and
unreasonable because it does not address, with sufficient clarity and consistency, the rates, terms,
and conditions of service that apply to interconnection customers serving co-located load; does
not include transmission services that reflect that an Eligible Customer taking transmission
service on behalf of Eligible Load is willing and able to limit its energy withdrawals from the
transmission system under certain conditions; does not require Eligible Customers taking one of
those new transmission services on behalf of Eligible Load to pay for regulation and black start
service on a gross demand basis; and permits load with behind the meter generation to net that
generation against its load for purposes of calculating Transmission Service Charges for Host
Loads configured in a BTM:NG Resource arrangement.10
Fourth, the Commission preliminarily found that the Tariff appears to be unjust and
unreasonable because it does not include transmission services that reflect Eligible Customers
taking transmission service on behalf of flexible large loads that are willing and able to limit
their use of the transmission system under certain conditions, and identified interim network
integration transmission service and permanent firm and non-firm contract demand transmission
service as the services whose absence NYISO must address.11
8 Id. P 72; see also id. PP 77, 82 (cost transparency), 83, 87 (pro forma cost recovery agreement).
9 Id. P 91.
10 Id. PP 101, 104-105, 107, 109, 110.
11 Id. PP 111-113.
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Fifth, the Commission preliminarily found that the Tariff appears to be unjust and
unreasonable because it does not contain provisions allowing an interconnection customer to
seek the generator interconnection service or services that reflect the operational dynamics of
serving either an electrically proximate large load or a co-located load with a high peak load,
meaning a co-located load of 50 MW or greater.12 The Show Cause Order separately directs
NYISO alone, and not the Transmission Owners, to submit an informational report addressing
resource adequacy to serve new large loads.13
The issues for the NYISO and NYISO TOs to address are interconnected; therefore,
successful FPA section 205 filings will require significant coordination among the NYISO, the
NYISO TOs, and other stakeholders, such as state regulators. The NTOs understand that the
NYISO plans to file responsive tariff amendments in November (assuming its abeyance request
is granted), and the NTOs’ cooperation in developing this proposal is vital. For example, the
roles, responsibilities, and processes to interconnect and serve large loads taking new types of
transmission services will likely be dependent on modifications to existing services under the
NYISO Tariff. NYISO-specific regional differences must also be considered. The NTOs have
already been regularly meeting with the NYISO to discuss the issues expected to be addressed,
the contemplated process for implementing appropriate FPA section 205 revisions, and the
anticipated filing schedule. The NTOs intend to continue working together through the
stakeholder process to identify appropriate revisions to the NYISO Tariff.14 The NTOs expect to
propose revisions to the Tariff and related agreements addressing the application process, study
procedures, and ongoing operational requirements applicable to Eligible Customers seeking
transmission service on behalf of large loads. Those revisions are expected to concern, among
other matters, the definition of a large load; readiness and information requirements; the
12 Id. P 121.
13 Id. PP 4, 39, 128, 129.
14 For example, NTOs plan to coordinate on developing new application processes and study processes
to account for new NYISO flexible, co-located, and/or proximate transmission services.
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evaluation of alternative transmission technologies; a pro forma service agreement
memorializing operational terms; transparency; cost recovery, associated financial security, and
rate treatment provisions intended to mitigate cost shifting among transmission customers; and a
reasonable implementation period and effective date designed to minimize disruption to existing
commercial arrangements. These matters remain under development and may evolve through
coordination with NYISO and stakeholders. NTOs will coordinate with NYISO and complete
internal approvals that may be necessary in time to comply with the Commission’s directives by
November 16, 2026.
B.
Briefing Questions
The Commission also identifies several issues for further briefing.15 The NTOs
understand that, if the Commission grants the requested full abeyance, the deadline to respond to
the briefing questions will likewise be held in abeyance.16 The NTOs believe an abeyance is
appropriate as to the briefing questions as they are wholly interrelated with the issues to be
addressed in the NTOs’ Section 205 filings, as described above.
III.
REQUEST FOR SHORTENED ANSWER PERIOD AND EXPEDITED
TREATMENT
NTOs respectfully request that the Commission shorten the answer period for this Motion
to five days and grant expedited treatment so that it may issue an order on this Motion by August
13, 2026. Rule 213(d)(1) of the Commission’s Rules of Practice and Procedure provides that an
answer to a motion must be made within 15 days after the motion is filed unless the Commission
orders otherwise.17 The Commission should order otherwise here, for three reasons.
15 Show Cause Order, 195 FERC ¶ 61,216 at Section IV.
16 Id. P 42 (stating that “the deadline to respond to this order” for “all or certain aspects of this FPA
section 206 proceeding” will be held in abeyance for up to 90 days upon a successful petition by a
TO).
17 18 C.F.R. § 385.213(d)(1).
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First, a shortened answer period and expedited action will provide regulatory certainty in
advance of a deadline that is now imminent. The Show Cause Order directs NYISO and the
NYISO TOs to respond within 60 days of issuance, which is August 17, 2026—14 days from the
date of this filing.18 If the ordinary fifteen-day answer period applies, the Commission will not
be in a position to rule on this Motion until after NTOs’ response is already due. NTOs would
then be required to divert resources to preparing a merits response to the Show Cause Order
rather than to the coordinated work with NYISO and stakeholders that is necessary to produce
the contemplated FPA section 205 filing. The need for certainty is heightened here, because the
Commission has emphasized that it will not grant abeyances reflexively.19
Second, interested entities have been on notice of the need to respond to abeyance
requests promptly. The Commission expressly contemplated such requests in the Show Cause
Order and directed that they be submitted within 45 days of issuance so as to allow the
Commission time to act on them.20 Because the Commission itself contemplated that an
abeyance request could be filed as late as 15 days before the response deadline, any entity with
an interest in this proceeding has been on notice since June 18, 2026, that it would need to
respond to such a request on an expedited basis. A five-day answer period is therefore consistent
with the schedule the Commission established and will not prejudice any participant.21
Third, expedited action will promote administrative efficiency. The NTOs understand
that NYISO and the other FERC-jurisdictional transmission owners have or intend to similarly
request that the Commission hold this proceeding in abeyance. These requests are interrelated.
18 Show Cause Order, 195 FERC ¶ 61,216 at P 38 & Ordering Para. (B). Sixty days from the June 18,
2026 issuance date is Monday, August 17, 2026.
19 Id. P 42.
20 Id. The Commission directed that requests for a full or partial abeyance be submitted "within 45 days
of issuance of this order, to allow time for the Commission to act on the abeyance request." Id.
21 Five days from the August 3, 2026 filing date is Saturday, August 8, 2026, which Rule 2007 moves to
Monday, August 10, 2026. 18 C.F.R. § 385.2007(a)(1)-(2).
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NTOs’ ability to develop and submit an FPA section 205 filing depends on the outcome of the
NYISO stakeholder process that NYISO’s request is designed to accommodate, and NTOs do
not administer a stakeholder process of their own through which the issues raised in the Show
Cause Order could be resolved independently. Ruling on both requests together, and in advance
of the August 17, 2026 deadline, will avoid the prospect that NTOs are held to a merits deadline
while the regional process on which their FPA section 205 filing depends remains underway.
IV.
CONCLUSION
For the reasons described above, the NTOs respectfully request that the Commission (i)
grant this Motion and hold this proceeding in abeyance for 90 days beginning August 17, 2026,
and extend NTOs’ deadline to respond in full to the Show Cause Order to November 16, 2026;
(ii) shorten the answer period for this Motion to five days; and (iii) grant expedited treatment and
issue an order on this Motion by August 13, 2026.
Respectfully submitted,
/s/ Blake R. Urban
Blake R. Urban
16150 Main Circle Drive, Suite 310
Chesterfield, MO 63017
Telephone:
(636) 231-0475
Email:
burban@lspower.com
Attorney for
LS Power Grid New York Corporation I
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/s/ Evan C. Reese, III
Evan C. Reese, III
Day Pitney, LLP
555 11th Street NW
Washington, D.C. 20004
Telephone: (202) 298-1817
Email:
ereese@daypitney.com
Thomas Schram
General Counsel
New York Transco LLC
800 Westchester Ave.
Suite N-601
Rye Brook, NY 10573
Email:
Thomas.Schram@NYTransco.com
Counsel for New York Transco LLC
Dated: August 3, 2026
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CERTIFICATE OF SERVICE
Under Rule 2010 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. §
385.2010 (2025), I hereby certify that I have this day served the foregoing 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 upon each person designated on the official service list
compiled by the Secretary in this proceeding.
Dated at Silver Spring, Maryland, this 3rd day of August 2026.
/s/ Seth Yeazel
Seth Yeazel
Associate Regulatory Counsel
LS Power Development, LLC
16150 Main Circle Drive, Suite 310
Chesterfield, MO 63017
Tel: (240) 904-5109
syeazel@lspower.com