News & Analysis as of September 19, 2024

Cybersecurity › Federal Power Act

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

FERC Issues Final Rule Establishing Incentive Rate Treatment for Eligible Cybersecurity Investments

Troutman Pepper on 5/10/2023

Introduction - On April 21, pursuant to FPA Section 219A(c), the Federal Energy Regulatory Commission (FERC or Commission) established rules, providing incentive-based rate treatment for utilities making certain voluntary...more

FERC Approves Rate Incentives for Cybersecurity Investments

Morgan Lewis - Power & Pipes on 5/4/2023

FERC has issued its final rule paving the way for incentive-based rate treatment for electric utilities that make certain voluntary cybersecurity investments. As we first noted in 2020 when describing the proposed rule, the...more

Summary of FERC Meeting Agenda for April 2023

White & Case LLP on 4/19/2023

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

FERC Approves New Cybersecurity Standards for Low-Impact Electric Assets

Holland & Knight LLP on 3/21/2023

At its open monthly meeting on March 16, 2023, the Federal Energy Regulatory Commission (FERC) approved a new cybersecurity standard proposed by the North American Electric Reliability Corporation (NERC) to address the supply...more

FERC Again Proposes Incentives for Voluntary Cybersecurity Investments

Akin Gump Strauss Hauer & Feld LLP on 9/27/2022

On September 22, 2022, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing revisions to its regulations to establish rate incentives for public utilities...more

Lessons Learned from Commission-Led CIP Reliability Audits: Federal Energy Regulatory Commission Staff Report

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/15/2021

The Federal Energy Regulatory Commission (“FERC”) staff prepared an October 8th report titled: Lessons Learned from Commission-Led CIP Reliability Audits (“Report”) The Report is intended to offer recommendations to...more

FERC Takes Action to Encourage Cybersecurity Investments

Akin Gump Strauss Hauer & Feld LLP on 3/9/2021

Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more

FERC Proposes Incentives for Adding Cyber Protections to Electric Grid

Morgan Lewis - Power & Pipes on 12/29/2020

At its December open meeting, FERC proposed to establish rules for incentive-based rate treatments for voluntary cybersecurity investments by a public utility. If approved, the regulations would provide incentives for...more

FERC Issues Notice of Proposed Rulemaking on Cybersecurity Investment Incentives

Troutman Pepper on 12/28/2020

On December 17, 2020, FERC issued a Notice of Proposed Rulemaking proposing to revise its regulations to establish incentives for public utilities to make certain cybersecurity investments that go beyond the current...more

FERC Proposes Incentive-Based Rate Treatment for Cybersecurity Investments

Bracewell LLP on 12/28/2020

On Thursday, December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR” or “Proposed Rule”) seeking comment on proposals that would allow public utilities to make a...more

Summary of FERC Meeting Agenda for June 2019

White & Case LLP on 6/20/2019

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 20, 2019 meeting, pursuant to the agenda as issued on June 13, 2019. Agenda item H-1 has not been summarized due to omission...more

Debate over Cybersecurity Oversight for Gas Pipeline and Bulk Power Systems Continues

Foley Hoag LLP - Security, Privacy and the... on 3/1/2019

Earlier this month, Federal Energy Regulatory Commission (“FERC”) Chairman Neil Chaterjee testified before the U.S. Senate Committee on Energy and Natural Resources on issues related to cybersecurity in the energy industry. ...more

Supply Chain Risk Management Reliability Standards: FERC October 26th Issuance of Final Rule

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/29/2018

The Federal Energy Regulatory Commission (“FERC”) published an October 26th Federal Register notice approving supply chain risk management Reliability Standards: CIP-013-1 (Cyber Security – (Supply Chain Risk Management) -...more

Escalation of Cybersecurity Threats to National Power System Prompts FERC to Call for Stricter Reporting Standards

Foley Hoag LLP - Security, Privacy and the... on 7/30/2018

On July 19, the Federal Energy Regulatory Commission (“FERC” or “Commission”), pursuant to its authority under section 215 of the Federal Power Act, issued a final rule directing the North American Electric Reliability...more

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

Holland & Knight LLP on 12/29/2017

On December 21, 2017, the Federal Energy Regulatory Commission (FERC) unanimously voted to direct the North American Electric Reliability Corporation (NERC) to modify existing CIP Reliability Standard (CIP-008-5)...more

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

Stinson LLP on 12/12/2016

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more

FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks

Alston & Bird on 8/9/2016

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system. FERC is taking these...more

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

Stinson LLP on 8/3/2016

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

EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More

Moore & Van Allen PLLC on 6/22/2016

Natural Gas-Fired Electricity Generation to Exceed Coal-Fired Generation in 2016: The EIA recently projected that for the first time, on an annual basis, natural gas will exceed coal as a fuel for electric power generation in...more

Passing of Senate’s Energy Bill Signals a Renewed Focus on Cybersecurity of Power Grid

Akin Gump Strauss Hauer & Feld LLP on 5/12/2016

As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more

Energy Industry Target of Cyber-Attacks and Congressional Efforts to Bolster Security

Moore & Van Allen PLLC on 3/24/2016

Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate...more

Highway Bill Adds New Security Measures to Federal Power Act

Morgan Lewis on 12/7/2015

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Moore & Van Allen PLLC on 10/20/2015

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

Davis Wright Tremaine LLP on 7/28/2015

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

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