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July (pdf) - New York Power Authority

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transmission facilities tariff on file with FERC. In 1996 the <strong>Authority</strong> adopted an open access transmission<br />

tariff.<br />

In an order dated <strong>July</strong> 28, 1999, FERC approved the NYISO Open Access Transmission Tariff, the<br />

NYISO Market Administration and Control Area Tariff (under which non-transmission services are<br />

provided by the NYISO), and each of the related agreements submitted to it for approval in connection<br />

with the formation of the NYISO. In an Order issued January 27, 1999, FERC approved the use of the<br />

<strong>Authority</strong>’s present transmission system revenue requirement in developing the rates for service under the<br />

NYISO tariff and declined to set the revenue requirement for hearing. Such action does not, however,<br />

foreclose further review by FERC of any modifications of the <strong>Authority</strong>’s transmission system revenue<br />

requirement.<br />

FERC also approved, among other things, the imposition of the NYPA Transmission Adjustment<br />

Charge (“NTAC”) and the NYPA Transmission Service Charges (the tariff elements for the recovery of<br />

the <strong>Authority</strong>’s annual transmission revenue requirement), establishment of the NYISO and the Reliability<br />

Council, the Reliability Rules, and the commencement of operations by the NYISO.<br />

Transmission agreements between the IOUs, LIPA and the <strong>Authority</strong> and their customers in existence<br />

remain in effect unless modified pursuant to Sections 205 or 206 of the Federal <strong>Power</strong> Act (‘‘FPA’’). The<br />

IOUs have made Section 205 filings with respect to virtually all transmission agreements applicable to the<br />

<strong>Authority</strong> and its customers. The <strong>Authority</strong> concurred in these filings, and they have been approved by<br />

FERC. These customers, including customers of the <strong>Authority</strong>, have the right to elect to convert their<br />

service to service under the NYISO Open Access Transmission Tariff. Should any of the <strong>Authority</strong>’s<br />

customers choose to convert to service under the NYISO Open Access Transmission Tariff, the <strong>Authority</strong><br />

would fully collect the foregone Transmission Service Charge amounts under the NTAC provisions.<br />

Cable Agreement<br />

The <strong>Authority</strong> and LIPA are parties to the Sound Cable Facilities and Marketing Agreement (the<br />

‘‘Cable Agreement’’), relating to the <strong>Authority</strong>’s Long Island Sound Cable (the ‘‘Cable’’) (see<br />

‘‘PART 2—THE AUTHORITY’S FACILITIES—Transmission—Long Island Sound Cable’’), which was<br />

executed for the purposes of providing lower cost energy from upstate <strong>New</strong> <strong>York</strong> and Canadian sources to<br />

consumers on Long Island and of increasing the reliability of their electric supply by strengthening<br />

interconnection capability between Long Island and the rest of <strong>New</strong> <strong>York</strong> State. The Cable Agreement<br />

provides that LIPA will reimburse the <strong>Authority</strong> for the costs it incurs in connection with the Cable,<br />

including but not limited to debt service, reserves, and operation and maintenance expenses, in return for<br />

the use of the capacity of the project. LIPA was initially allocated the full capacity of the Cable and to the<br />

extent that the <strong>Authority</strong> has allocated capacity to other parties, LIPA’s payment obligations are<br />

proportionately reduced, with such other parties making payments pursuant to applicable rates. The<br />

<strong>Authority</strong> has allocated capacity of the Cable to certain loads served by the <strong>Authority</strong> in LIPA’s service<br />

territory when there has been insufficient capacity to serve such loads on another cable jointly owned by LIPA<br />

and Con Edison.<br />

ENERGY SERVICES<br />

The <strong>Authority</strong> currently implements two main energy services programs, one for its SENY<br />

governmental customers and the other for various other public entities throughout the State. Under these<br />

programs, the <strong>Authority</strong> finances the installation of energy saving measures and equipment which are owned<br />

by the customers and public entities upon their installation and which focus primarily on the reduction of<br />

the demand for electricity and the efficient use of energy. The <strong>Authority</strong> has authorized as of June 30,<br />

2011, the expenditure of an aggregate of $[3.3] billion on these programs, the funds for which are<br />

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