2012-28406. Marble River, LLC v. Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Chateaugay Windpark, LLC, New York Independent System Operator, Inc.; Notice of Complaint

Take notice that on November 15, 2012, pursuant to sections 306 and 309 of the Federal Power Act and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, Marble River, LLC (Marble River or Complainant) filed a formal complaint against Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Chateaugay Windpark, LLC, (collectively, Noble or Respondent) and New York Independent System Operator, Inc. (NYISO or Respondent), alleging that Noble failed to pay Marble River for headroom created by common system upgrade facilities that benefit Noble and that were paid for by Marble River. The complaint also alleges that NYISO has failed to properly implement Attachment S of its Open Access Transmission Tariff, as more fully explained in the complaint.

The Complainant certifies that copies of the complaint were served on the contacts for each of the Respondents 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 and 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 email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: 5:00 p.m. Eastern Time on December 5, 2012.

Dated: November 16, 2012.

Nathaniel J. Davis, Sr.,

Deputy Secretary.