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FERC Approves Potential Reduction of Stakeholder Input in Reliability Standard Development

FERC recently issued an order approving revisions to the North American Electric Reliability Corporation (NERC) Rules of Procedures to modify the rules for developing mandatory reliability standards. These changes, reflected...more

FERC Approves Rate Incentives for Cybersecurity Investments

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

FERC Approves Vendor-Focused Cybersecurity Protections for Low-Impact Systems

On March 16, FERC approved North American Electric Reliability Corporation (NERC) Reliability Standard CIP-003-9, Cyber Security – Security Management Controls, which introduces two new requirements to the suite of...more

Registered Entities: Expect a Significant Increase in NERC’s Focus on Physical Security

There are no unimportant North American Electric Reliability Corporation (NERC) reliability standards, but from time to time, NERC and the Regional Entities (Regions) place greater emphasis on certain reliability standards in...more

North American Electric Reliability Corporation Files 2022 Standards Report

The North American Electric Reliability Corporation (NERC) filed its 2022 NERC Standards Report, Status and Timetable for Addressing Regulatory Directives summarizing the progress made and plans for addressing the reliability...more

FERC Ends Resiliency Inquiries, Signals Future Action

FERC issued a pair of orders terminating, or upholding the termination of, proceedings designed to evaluate the resiliency of the electric grid on February 18. Both proceedings arose from the US Department of Energy’s (DOE’s)...more

Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more

FERC Proposes Incentives for Adding Cyber Protections to Electric Grid

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 and NERC Staff Change Course on Disclosure of CIP Violators

Following significant pushback from the regulated community, FERC and NERC Staff jointly announced in a new white paper that filings and other submissions to FERC describing violations of cybersecurity reliability standards...more

Pandemic Planning: Electric Reliability Maintenance and Standards Compliance

Following the increased spread of COVID-19 within the United States, the North American Electric Reliability Corporation (NERC) issued a Level 2 Alert on March 10 to all users, owners, and operators of the bulk-power system,...more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

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