Energy & Utilities Privacy

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News & Analysis as of

NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC...more

FCC's Order on Broadband Privacy Will Be Felt by Energy Companies

Modern energy companies should pay close attention to the Federal Communications Commission's recent order adopting rules protecting the privacy of customer proprietary information. Although not particularly focused on energy...more

Connecticut Governor appoints State Cybersecurity Czar

Gov. Dannel P. Malloy recently appointed Democrat Arthur H. House the state’s first cybersecurity czar. House moves into the role after serving as the chairman of the Public Utilities Regulatory Authority for the past four...more

World Energy Council Issues New Report on Cyber Risk

Because cyber risk presents a “unique concern” in the energy sector, the World Energy Council has issued a new report entitled “The Road to Resilience: Managing Cyber risks,” to its industry leaders....more

New FAA Statutes and Rules for Commercial Drone Operations will Benefit Utilities

New FAA rules broadly authorizing commercial drone operations are now in effect and the utility sector stands to benefit significantly. The new rules provide utilities the opportunity to utilize drones to reduce costs and...more

Mainbrace: September 2016 (No. 4)

It’s hard to believe another summer has come and gone. The kids are back in school, the commuter trains are a bit more crowded, and everyone is back from their holidays, hopefully refreshed and ready to get back down to...more

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

Natural Gas - Natural Gas Outlook: U.S. On Track to be Net Exporter Q2 2017: Natural gas production and consumption are expected to rise this year due to increases in natural gas prices and LNG exports, as well as...more

Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

FCC Outlines Exemptions from the TCPA for Schools and Utilities

On Thursday, Aug. 4, the FCC granted organizations representing schools and utilities significant relief from liability under the Telephone Consumer Protection Act—a law that subjects callers to substantial penalties if they...more

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to...more

Regulators Nationwide Weigh in on CPUC Litigation

In May, we posted a blog on litigation filed by telecom providers and trade associations to prevent the California Public Utilities Commission (CPUC) from requiring Plaintiffs to turn over competitively sensitive data to a...more

FCC Ruling Clarifies TCPA for Schools and Utilities

The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more

New Presidential Policy Directive Hopes to Coordinate Federal Response in the Event of a Cyber Attack

In an implicit acknowledgment that the Federal government's response to cyberattacks is diffused among quite a number of agencies, the White House issued Presidential Policy Directive (PPD) 41 last week (July 26). The...more

The energy sector deals with cyber-risks: key points

Cyber-risks have become a part of life in American business, and the energy sector is certainly not exempt from these dangers. Indeed, the sector’s critical infrastructure has been identified as a global target, and several...more

Top takeaways from North American Leaders' Summit and Canada-Mexico state visit

This past week the North American Leaders' Summit (NALS) was held in Ottawa, Canada, with US President Barack Obama, Mexican President Enrique Pena Nieto and Canadian Prime Minister Justin Trudeau. Prior to the summit,...more

World Energy Council warns utility industry of advanced malware

The World Energy Council recently warned the utility industry that one of the top threats to the energy sector is advanced malware attacks. The warning noted that the utility sector is vulnerable because of the size of the...more

FERC to Strengthen Protections for Infrastructure Information

Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more

State Sponsored Attacks Increasing and Targeting Industrial Facilities

A representative of Honeywell Process Solutions (Honeywell), which provides cybersecurity services for over 400 industrial sites worldwide, recently commented publicly that Honeywell is seeing an increase in nation-state and...more

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,...more

Hot topics for state attorneys general

The role of state attorneys general (AGs) as an investigative and enforcement powerhouse for consumer protection and antitrust matters presents challenges and opportunities for corporate entities in all industries. By...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Trade & Manufacturing - News of Note - April 2016

EU-U.S. Privacy Shield Agreement Released - On February 29, the European Commission and the U.S. Department of Commerce released the long-awaited text of the European Union (EU) – United States Privacy Shield, an...more

Minnesota Weekly Legislative Update

The first of three Minnesota legislative committee deadlines arrives tonight at midnight. By the first deadline, a committee must act favorably upon a bill in its body of origin or the bill does not move forward. As a result,...more

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