The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more
The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more
In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more
In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more
Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets.
Electric generators’ increased reliance on natural gas in recent years...more
New Reliability Standards will require physical protections for critical electric system facilities, including substations and control centers.
Following well-publicized threats to the physical security of electric...more
The Commission rejects NERC’s proposal to reform the existing “zero tolerance” to CIP compliance, describing the proposal as too ambiguous and unworkable.
On November 22, the Federal Energy Regulatory Commission (FERC...more
Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection....more
Order will create a voluntary Cybersecurity Framework for designated critical infrastructure within a year.
On February 12, President Barack Obama signed an executive order directing the Department of Homeland Security...more