CRITICAL ENERGY INFRASTRUCTURE INFORMATION (“CEII”) NON-DISCLOSURE AGREEMENT

1. Please complete this Request Form and Non-Disclosure Agreement to request information that is classified as CEII. The Federal Energy Regulatory Commission has defined CEII as “specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure that: (1) relates details about the production, generation, transportation, transmission, or distribution of energy; (2) could be useful to a person in planning an attack on critical infrastructure; (3) is exempt from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552; and (4) does not simply give the general location of the critical infrastructure.”

2. All CEII requests must be specific to the individual submitting the request and to the information being requested.  The NYISO requires a separate approved CEII Request Form and NDA for every individual within an organization who obtains or views CEII. 

3. CEII information will be provided to you securely, which may require creation of a digital account and installation of a digital certificate.  If you are requesting CEII material that will be accessed by multiple individuals in your organization, you may designate a single person in your organization for receipt of the requested CEII to avoid the need to create additional accounts and obtain multiple digital certificates.  However, each person you share this information with must have a CEII Request Form and NDA approved by the NYISO.

4. Changes to these Form documents are not permissible due to the volume of requests the NYISO receives and the need to ensure that all entities are treated fairly and equally.

5. PLEASE BE ADVISED THAT THE DISCLOSURE OF CEII TO YOU IS DISCRETIONARY, AND NYISO MAY REJECT YOUR REQUEST FOR ANY REASON.

Any questions regarding the CEII Request Form or Non-Disclosure Agreement may be directed to Stakeholder Services at 518-356-6060 or 
stakeholder_services@nyiso.com

If no middle, please enter X
Business Address


Please  provide the name and contact information, including email address of an individual at the organization that has retained you so that we may verify your role.
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Please do not request access to MyNYISO if you already have an account or if you have a request for a new account in process.

Dynamics and Short Circuit Databases: The base cases maintained by the NYISO and updated annually. 

MyNYISO.com Access: A MyNYISO account provides access to certain secure materials on the NYISO website, including interconnection studies and materials posted for the Operating Committee and its subcommittees and working groups.

NYISO TCC Auction Data (TAD): To support evaluation of the NYISO TCC market the NYISO will authorize access to TCC Auction Data (TAD) for TCC Auctions upon request. The TAD consists of the power flow cases used as the starting point for the Auction and the Auction’s contingency analysis data. The power flow case is provided in Siemens’ PSS®E raw data format. The contingency analysis data is provided in a non-program-specific format. Access to the TAD is limited to individuals employed by or consultants to organizations that (1) are active TCC Market Participants or (2) are actively pursuing Incremental TCCs. 

NYISO Direct Communication Procedure: This procedure provides information needed to configure ICCP connections for real-time operating data transfer with the NYISO.

Phasor Measurement Equipment Requirements Document: This document defines the functional requirements for Phasor Measurement Equipment installed in the New York Control Area.

MyNYISO.com Access Acknowledgement

Describe in detail
Phasor Measurement Equipment Acknowledgement

Describe in detail
FERC 715 Files Information & Acknowledgement
Part 2: FERC 715, Part 2 consists of the Steady State power flow base cases prepared annually and submitted to FERC.

Part 3: FERC Form 715, Part 3 consists of the transmission system maps and diagrams used for transmission planning.

Describe in detail
NYISO TCC Auction Data Information & Acknowledgement
Access to TCC Auction Data is limited to individual employees of, or consultants to, organizations that (1) are currently registered TCC Market Participants or (2) are actively pursuing Incremental TCCs.
Requests may be made for only one year per CEII Request Form

I, 
certify that the requested TCC Auction Data, if provided to me by the NYISO, will be used exclusively in connection with evaluation or assessment of my employer’s activities related to the purchase or sale of TCCs or the acquisition of Incremental TCCs. This information will not be used for any other purpose. I certify that this information is needed to perform one or more of the following functions: (1) assist in evaluating transactions by my company in the TCC auctions, (2) perform IT/data management and/or management/supervision/compliance functions in support of trading of NYISO's TCCs by my company in the TCC auctions, (3) perform transmission system analysis and evaluation in support of TCC auction participation, (4) to evaluate NYISO network topology in support of potential TCC investment activity, (5) assist in the process of formulating TCC bids to submit in NYISO TCC auctions, (6) or support decision making related to procurement of Historic Fixed Price TCCs.
Project Specific Interconnection Materials Information & Acknowledgement
You may request more than one project using the below form. Please list the queue number (if available) and the project name for each project you are requesting separated by a comma.
For CRIS Only Projects- Please say 'N/A'

Describe in detail
NYISO Direct Communications Procedure Acknowledgement

Describe in detail
Dynamics and Short Circuit Databases Acknowledgement

Describe in detail (Dynamics and/or Short circuit Cases, specify Study Year etc.)
Other Information & Acknowledgements


Describe in detail

CRITICAL ENERGY INFRASTRUCTURE INFORMATION (“CEII”) NON-DISCLOSURE AGREEMENT

 


This CEII NON-DISCLOSURE AGREEMENT (this “Agreement”) is made by the undersigned (“Recipient”) in favor of the New York Independent System Operator, Inc. (“NYISO”) a New York not-for-profit corporation, whose principal place of business is located at 10 Krey Boulevard, Rensselaer, New York 12144.

 

WHEREAS, Recipient has requested that NYISO disclose to Recipient certain information, all or a portion of which may be classified by NYISO as CEII using the Federal Energy Regulatory Commission (“FERC”) definition of CEII; and

 

WHEREAS, FERC has defined CEII as “specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure that: (1) relates details about the production, generation, transportation, transmission, or distribution of energy; (2) could be useful to a person in planning an attack on critical infrastructure; (3) is exempt from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552 (2000); and (4) does not simply give the general location of the critical infrastructure”; and

 

NOW, THEREFORE, for access to certain CEII in the possession and/or control of the NYISO, and/or other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Recipient agrees as follows:

 

1.   Definition of CEII. For purposes of this Agreement, “CEII” shall mean: (i) all information designated as such by NYISO, whether furnished to Recipient before or after the date hereof, whether oral, written or recorded/electronic, and regardless of the manner in which it is furnished; and (ii) all reports, summaries, compilations, analyses, notes or other information which contain such information.

 

2.   Use and Protection of CEII.

 

(a)            Recipient shall maintain all CEII in a secure place. Recipient may make copies of CEII, but such copies become CEII and subject to this Agreement. Recipient may make notes of CEII and may perform analyses in reliance on CEII, consistent with Section 2(c) of this Agreement, which notes and analyses shall also be treated as CEII if they contain CEII. Recipient shall clearly mark all CEII as “Critical Energy Infrastructure Information.”

 

(b)           Recipient shall not discuss the CEII it has received with another individual, and shall not disclose the CEII it has received to another individual, without first checking with the NYISO to confirm that the individual in question has also received the same.

(c)            Recipient shall not knowingly use CEII directly or indirectly for an illegal or non-legitimate purpose. Recipient shall use the CEII only for the purpose Recipient specified in the NYISO CEII Request Form or amendments thereto, if any.

 

(d)           In the event that Recipient is required to disclose CEII in compliance with an order or subpoena of a court, administrative agency, arbitration panel, or similar authority, Recipient shall (i) first provide the NYISO with prompt written notice of such order or subpoena, provided such notice is not prohibited by law, (ii) afford the NYISO an opportunity to seek a protective order or other protective relief, and (iii) provide reasonable cooperation and assistance to the NYISO with such efforts. In the event Recipient is required to disclose CEII in compliance with such order or subpoena, Recipient shall furnish only that portion of the CEII which Recipient’s legal counsel advises it is legally required to disclose, and shall exercise its best efforts to secure confidential, non-public treatment of the CEII it is required to disclose.

 

3.               Return of CEII. The NYISO retains all right, title and interest in any and all CEII that it provides to Recipient under this Agreement. The NYISO may, at any time and in its sole discretion, direct Recipient by written notice to return some or all of the CEII that the NYISO has provided to Recipient. Upon receipt of such notice, Recipient shall promptly and fully comply with the NYISO’s directions, returning all CEII as specified, including all copies, reproductions, summaries, compilations, analyses or extracts thereof recorded in any medium. Recipient shall certify to the NYISO in writing that it has done so. Provided, however, Recipient may, only if and to the extent required by law, retain a record copy of the CEII it returns.

 

4.               Change in Status. If any of the information provided to the NYISO by Recipient in the CEII Request Form changes (e.g., Recipient leaves his or her employ, the consulting engagement cited in the request is terminated, Recipient’s employer is no longer a Market Participant) Recipient shall immediately provide written notice to the NYISO of that fact, together with complete and accurate updated information. The NYISO may, on the basis of such change of information, direct Recipient to return some or all of the CEII previously provided to Recipient.

 

5.               No NYISO or Facility Owner Liability. Neither the NYISO nor the owner(s) of facilities depicted in the CEII makes any express or implied warranty or representation as to the accuracy or completeness of the CEII provided to Recipient under this Agreement. Neither the NYISO nor the owner(s) of facilities depicted in the CEII shall have any liability whatsoever based upon the CEII that is provides to Recipient under this Agreement, and shall have no liability based upon any errors or omissions contained in that CEII.

 

6.               Indemnity. To the greatest extent permitted by law, Recipient shall indemnify and hold harmless the NYISO and its offices, employers, directors, agents, contractors and assigns (“NYISO Indemnitees”) from and against any and all claims, losses, liabilities and expenses, including attorney’s fees, incurred by a NYISO Indemnitee as a result of Recipient’s violation of its obligations under this Agreement.

 

 

7.               Equitable Remedies. Recipient agrees and acknowledges that money damages alone would be an inadequate remedy for its breach of this Agreement. In the event that Recipient breaches or threatens to breach this Agreement, the NYISO, in addition to any other remedies available at law or in equity, shall be entitled to obtain a restraining order, injunction or similar remedy in order to specifically enforce the provisions of this Agreement.

 

8.               Term. This Agreement shall commence on the date signed by Recipient and shall remain in effect until all of the CEII, provided by the NYISO to Recipient under this Agreement is either (i) no longer classified by the NYISO as CEII or (ii) returned to the NYISO by Recipient.

 

9.               No Recipient Assignment. Recipient shall not assign, subcontract or otherwise delegate any of its rights or obligations under this Agreement without the prior written consent of the NYISO, which consent the NYISO may withhold or condition in its absolute discretion. Any such assignment without the NYISO’s prior written consent shall be void.

 

10.           Notices.

 

(a)           Notices provided under this Agreement shall be in writing and addressed or delivered to the representatives specified in this Agreement. Notices shall be delivered by any one of the methods set forth below and shall be deemed received (i) upon delivery, when personally delivered; (ii) upon receipt, when sent by registered or certified mail; (iii) upon receipt when sent by recognized overnight delivery service (such as FedEx); (iv) upon receipt when sent by electronic mail and (v) upon confirmation of receipt by facsimile machine printed confirmation. Copies of all correspondence regarding this Agreement shall also be sent to these representatives.

 

(b)           Notices to Recipient shall be directed to the following individual(s):

   

(c)            Notices to NYISO shall be directed to the following individual:

 

NYISO

Attn:  Legal Department  10 Krey Blvd.

                                            Rensselaer, NY 12144

           Telephone: (518) 356-7537  

           Facsimile: (518) 356-8825                       

           Email Address: csharp@nyiso.com

 

(d)           Recipient or NYISO may change their respective

representatives designated herein by written notice to the other Party.

 

                   11.       Miscellaneous.

 

(a)            Governing Law. This Agreement shall be governed by the substantive law of the State of New York, without regard to any conflicts of laws provisions thereof (except to the extent applicable, Sections 5-1401 and 5- 1402 of the New York General Obligations Law).

 

(b)           Amendments. No amendment, modification or waiver of any of the terms or conditions of this Agreement shall be effective unless set forth in a writing signed by the NYISO and Recipient. Any purported amendment, modification or waiver that fails to comply with the foregoing shall be void and of no effect.

 

(c)            Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in effect.

 

(d)           Headings. Headings set forth herein are inserted for convenience and shall have no effect on the interpretation or construction of this Agreement.

 

(e)            Non-Waiver. The failure of the NYISO to demand strict performance of the terms of this Agreement, or to exercise any right conferred by this Agreement, shall not be construed as a waiver or relinquishment of its right to assert or rely on any such term or right in the future.

 

(f)             Entire Agreement. This Agreement constitutes the entire agreement between the NYISO and Recipient with respect to its subject matter and supersedes any prior negotiations, discussions, agreements or understandings between them as to this subject matter.


(g)        Third Party Beneficiaries. The owner(s) of facilities depicted in the CEII provided pursuant to this Agreement are intended third party beneficiaries of this Agreement solely for the purposes of enforcing the use restrictions in Sections 2(a)-(c) and asserting the liability protections in Section 5 of this Agreement.

 

IN WITNESS WHEREOF, Recipient has executed this CEII Non-Disclosure

Agreement effective as of the date first set forth above.

By executing this CEII Non-Disclosure Agreement, Recipient certifies that no changes have been made to the form Agreement tendered to Recipient by the NYISO. Any modifications to the form Agreement shall be considered null and void.

 

Non Disclosure Agreement Instructions
Other Individual at Organization
Business Address
Self E-Signature
 
E-Signature
ADMIN ONLY