News & Analysis as of September 21, 2024

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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 -

AI’s Power Consumption Could Put the Grid — and Energy Regulators — to the Test

Vinson & Elkins LLP on 6/4/2024

The story of artificial intelligence (“AI”) is one of technological promise and societal challenge, and its impact on the U.S. electric power grid is fast becoming a pivotal chapter. The promise is compelling. AI could...more

U.S. Electrical Grid and Renewables – Vulnerability to Cyber Attacks

Husch Blackwell LLP on 10/2/2023

As discussed previously in this blog, physical attacks against substations have been on the rise. However, the U.S. power grid is also vulnerable to cyberattacks from U.S. adversaries, which includes hostile foreign...more

Recommendations for Managing Cybersecurity Threats in the Manufacturing Sector

Foley & Lardner LLP on 9/25/2023

In the hyper-connected era of smart manufacturing, accelerated by “Industry 4.0,” the manufacturing sector is undergoing a digital revolution. By leveraging technologies such as advanced automation, artificial intelligence,...more

Summary of FERC Meeting Agenda for July 2023

White & Case LLP on 7/25/2023

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on July 27, 2023, pursuant to the sunshine notice released on July 20, 2023....more

FERC Directs NERC to Study Bulk Electric System's Internal Cybersecurity Gaps

Davis Wright Tremaine LLP on 2/6/2023

Continuing a recent trend in which the Federal Energy Regulatory Commission ("FERC") has been directing the North American Electric Reliability Corporation ("NERC") to improve or maintain the reliability of the nation's...more

New Regulatory Agenda Reveals Forthcoming Cybersecurity Regulations

Holland & Knight LLP on 1/10/2023

The Biden Administration released its Fall 2022 regulatory agenda (Regulatory Agenda) on Jan. 4, 2023. In it, the administration outlined regulations aimed at cybersecurity requirements for government contractors, the...more

Carrot or Stick? FERC Grapples With How to Incentivize Electric Utility Cybersecurity Investments

Davis Wright Tremaine LLP on 9/30/2022

The U.S. electric grid is a prime target for cyberattacks, including by both nation-state actors and organized crime. Electric utilities have been ahead of much of the rest of the energy sector in hardening their...more

FERC Proposes to Offer Rate Incentives for Voluntary Cybersecurity Investment

Troutman Pepper on 9/30/2022

Introduction On September 22, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking to establish rules providing incentive-based rate treatment for utilities making certain...more

Summary of FERC Meeting Agenda for September 2022

White & Case LLP on 9/21/2022

Electric - E-1 – Incentives for Advanced Cybersecurity Investment, Cybersecurity Incentives (Docket No. RM22-19-000 & RM21-3-000). On December 17, 2022, in Docket No. RM21-3-000, the Commission issued a Notice of Proposed...more

The Shifting Energy Policy Zeitgeist and Investment Implications

Bracewell LLP on 4/8/2022

On March 24, the Federal Energy Regulatory Commission (FERC) made an unexpected and bipartisan about-face on its freshly updated policies for considering the environmental impacts of natural gas infrastructure projects like...more

Is the Best Cyber Defense a Good Offense?

Nossaman LLP on 2/3/2022

On January 20th, the Federal Energy Regulatory Commission (FERC) issued a new Notice of Proposed Rulemaking (NOPR) that would direct the North American Electric Reliability Corporation to strengthen cybersecurity standards to...more

Cybersecurity 2022 – The Year in Preview: Continued Threats to Nation’s Energy Supply as Regulators Race to Keep Up

Foley Hoag LLP - Security, Privacy and the... on 2/2/2022

Continued Threats of Ransomware Attacks - As we reported in our 2021 Year in Preview series, we began 2021 anticipating that ransomware would be a serious threat to critical energy infrastructure. These concerns were...more

FERC Seeks to Tighten Cyber Security for Electric Grid Cyber Systems

Robinson+Cole Data Privacy + Security Insider on 1/24/2022

The Federal Energy Regulatory Commission (FERC) is tasked with keeping our electric grid safe and maintaining reliable and secure energy for U.S. consumers. ...more

Is The TSA Security Directive A Harbinger Of Oil And Gas Cybersecurity Regulations?

Husch Blackwell LLP on 7/16/2021

In the weeks that followed a ransomware attack on a domestic pipeline company, the federal government’s efforts to shore up the cybersecurity posture of America’s critical infrastructure and supply chains, including the oil...more

FERC and NERC Publish Whitepaper on SolarWinds and Related Supply Chain Compromise

Akin Gump Strauss Hauer & Feld LLP on 7/8/2021

On July 6, 2021, the staff of the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) Electricity Information Sharing and Analysis Center (E-ISAC) issued a whitepaper...more

Ransomware, Cyberattacks, and Cybersecurity for Pipelines and LNG Facilities

Perkins Coie on 5/18/2021

Colonial Pipeline shut down 5,500 miles of its East Coast pipeline on May 7, 2021, in an effort to contain a security breach resulting from a ransomware attack. Colonial’s pipeline is one of the nation’s largest and carries...more

Colonial Pipeline Cyberattack Highlights Vulnerability of Nation’s Energy Sector

Foley Hoag LLP - Energy & Climate Counsel on 5/13/2021

This post is a follow up from our recent discussion of the cyberattack that took the 5,500-mile Colonial Pipeline offline last week and the growing threat ransomware poses to our nation’s energy system. On May 10, 2021, a...more

Possible Regulatory Impact Likely After Colonial Pipeline Hack

Smith Gambrell Russell on 5/13/2021

The May 6, ransomware attack against Colonial Pipeline is likely to increase cost for cyber insurance, and may prompt legislators to push for tougher standards for critical infrastructure resources such as pipelines, energy...more

Responding to Cyber-Attacks in the Utility and Energy Sectors

Robinson+Cole Data Privacy + Security Insider on 11/30/2020

To assist utilities with assessing and responding to cyber risks, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) recently issued a report on best practices to...more

Data Privacy + Cybersecurity Insider - November 2020 #4

Robinson & Cole LLP on 11/25/2020

CYBERSECURITY - Responding to Cyber-Attacks in the Utility and Energy Sectors - To assist utilities with assessing and responding to cyber risks, the Federal Energy Regulatory Commission (FERC) and the North American...more

Jones Day Global Privacy & Cybersecurity Update | Vol. 24

Jones Day on 1/10/2020

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Submits Comment on the Preliminary Draft for the NIST Privacy Framework - On October 24, 2019, the Federal Trade Commission ("FTC") announced that...more

Name-and-Shame Proposal of Electric Regulators Highlights Need for Cyber Insurance

Pillsbury Winthrop Shaw Pittman LLP on 11/6/2019

FERC and NERC’s joint proposal to name and shame violators of Critical Infrastructure Protection Reliability Standards underscores the importance for electric utilities to have insurance coverage for cyberattacks. The staffs...more

Cybersecurity and the Electric Grid – New GAO Report Identifies Actions Needed to Address Cybersecurity Risks

Robinson+Cole Data Privacy + Security Insider on 10/7/2019

The United States Government Accounting Office (GAO) recently issued a report on the cybersecurity risks facing the electric grid. The GAO reviewed the cybersecurity of the electric grid to determine the risks and challenges...more

Senate Considers Bill to Protect Electric Grid from Cyber Attacks

Akin Gump Strauss Hauer & Feld LLP on 10/2/2019

The Senate is considering bipartisan legislation to boost the defenses of the nation’s power grid against cybersecurity threats. The bill—the Protecting Resources on the Electric Grid with Cybersecurity Technology Act, or...more

FERC Staff Proposes Risky Plan to Identify Utilities with Cybersecurity Violations

Morgan Lewis on 9/4/2019

Facing what it deems an “unprecedented number of FOIA requests” for nonpublic information related to utility violations of the North American Electric Reliability Corporation (NERC) critical infrastructure protection (CIP)...more

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