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Commissioner Tony Clark Statement
April 2, 2013
Docket No. ER13-869-000

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New York Independent System Operator

“I write separately today to note that I support the result in this case, because it puts an end to the illegitimate enrollment of market participants in NYISO’s ICAP/SCR Program which is a program available to interruptible load and emergency backup generation designed to respond in the case of reliability events.

“As I explained in my joint dissent issued in the related docket, the participation and compensation of resources that purport to provide demand response yet do not and cannot reduce system load, undercuts the fundamental integrity of emergency reliability programs. If demand side resources do not intend or cannot reduce load from the transmission system and/or distribution system when directed to do so by NYISO, they cannot provide the reliability service that the ICAP/SCR Program has always intended to provide. In short, the program is a last line of defense in an effort to keep the lights on. “I do not believe NYISO’s Tariff was ambiguous before, but in the interest of protecting the integrity of emergency/reliability demand response programs, find these tariff revisions provide further clarity.

“Accordingly, I respectfully concur.”