
[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Notices]               
[Page 62492-62493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc08-45]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[EL09-4-000]

 
Independent Power Producers of New York, Inc., Astoria Generating 
Company, L.P. a U.S. Power Generating Company, ConsumerPowerLine, Inc. 
East Coast Power, LLC, Energy Curtailment Specialists, Inc., NRG 
Energy, Inc., TC Ravenswood, LLC, Complainants v. New York Independent 
System Operator, Inc., Respondent; Notice of Complaint

October 14, 2008.
    Take notice that on October 14, 2008, Independent Power Producers 
of New York, Inc., Astoria Generating Company, L.P., a U.S. Power 
Generating Company, ConsumerPowerLine, Inc., East Coast Power, LLC, 
Energy Curtailment Specialists, Inc., NRG Energy, Inc., and TC 
Ravenswood, LLC (Complainants) filed, pursuant sections 206 and 306 of 
the Federal Power Act and Rule 206 of the Commission's Rules of 
Practice and Procedures, 18 CFR 385.206, a formal complaint against New 
York Independent System Operator, Inc. (Respondent) alleging that the 
Respondent violated Federal Power Act section 205 by (i) failing to 
recalculate the Net Cost of New Entry (``Net CONE'') for the proxy unit 
for the New York City Installed Capacity Markets and the resulting New 
York City Demand Curves, upon the legislative elimination of New York 
City's Industrial and Commercial Incentive Program real property tax 
exemption, thereby producing significantly understated New York City 
Demand Curves that will yield unjust and unreasonable rates for the 
remainder of the current reset period (through April 2011); and (ii) by 
improperly applying

[[Page 62493]]

the standard under the Commission-approved ISO Agreement, section 
19.01, for ``exigent circumstances'' in its failure to act, thereby 
producing rates that are unjust and unreasonable. Complainants request 
that the Commission order the Respondent to promptly file tariff 
amendments increasing the New York City Demand Curves to account for 
certain property tax costs in the calculation of the Net CONE, 
beginning with the spot market auction that is held following the 
Commission's order in this proceeding.
    The Complainants request fast track processing of the complaint.
    The Complainants certify that a copy of the complaint has been 
served on the contacts for the Respondent as listed on the Commission's 
list of Corporate Officials.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. The Respondent's 
answer and all interventions, or protests must be filed on or before 
the comment date. The Respondent's answer, motions to intervene, and 
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on November 3, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-24954 Filed 10-20-08; 8:45 am]

BILLING CODE 6717-01-P
