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

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