News & Analysis as of

Energy Sector Bulk Electric System

Troutman Pepper

FERC Directs NERC to Develop Reliability Standards for Inverter Based Resources

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On October 19, 2023, FERC issued a final rule directing the North American Reliability Corporation (“NERC”) to develop or modify reliability standards to address reliability concerns attributable to inverter-based resources...more

Husch Blackwell LLP

FERC Approves Two New Extreme Cold Weather Reliability Standards and Directs Further Modification

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On February 16, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order approving two extreme cold weather reliability standards: EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather...more

Morgan Lewis - Power & Pipes

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

Akin Gump Strauss Hauer & Feld LLP

FERC Directs NERC to Tighten Bulk Electric System Cybersecurity

On January 19, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule directing the North American Electric Reliability Corporation (NERC) to file for FERC review new or modified...more

Davis Wright Tremaine LLP

FERC Directs NERC to Expand Protections to Internal Networks

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) directing the North American Electric Reliability Corporation (NERC) to develop new or modified standards that...more

Akin Gump Strauss Hauer & Feld LLP

FERC Staff Provides “Lessons Learned” from Critical Infrastructure Protection Reliability Standard Audits

In October 2021, Federal Energy Regulatory Commission (FERC) staff issued its annual report on “recommendations to help users, owners and operators of the bulk-power system improve their compliance with the [North American...more

Sheppard Mullin Richter & Hampton LLP

A Clean Slate for Executive Order 13920: The Bulk Power Order

Last week, the Biden Administration through the Department of Energy, took actions regarding Executive Order 13920 (the “Bulk Power Order”). Such actions effectively established a clean slate for how the Biden...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Department of Energy Revokes December 2020 Prohibition Order Regarding Bulk-Power System Electric Equipment, Issues...

On April 20, 2021, the U.S. Department of Energy (DOE or the “Department”) issued an order revoking its Prohibition Order Securing Critical Defense Facilities, issued December 17, 2020. DOE’s actions come exactly 90 days...more

McGuireWoods LLP

DOE Bans China-Connected Transactions in BPS Equipment Serving Critical Defense Facilities

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On Dec. 17, 2020, the U.S. Department of Energy (DOE) issued a prohibition order, in accordance with President Trump’s Executive Order 13920 of May 3, 2020 (EO). The prohibition order bars electric utilities from acquiring,...more

Foley Hoag LLP - Energy & Climate Counsel

Ransomware: The Latest Threat to the Nation's Energy Supply

According to media reports, ransomware attacks against the manufacturing industry have more than tripled compared with last year. This dramatic rise in cyberattacks poses serious concerns about the vulnerability of critical...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2021 – The Year in Preview: Ransomware, the Latest Threat to the Nation’s Energy Supply

Editors’ Note: This is the first in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. The Growing Threat of Ransomware - According to media reports,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Seeks Comments on Risks to Bulk Electric System from Equipment and Services from Entities Identified as Risks to National...

On September 17, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking comments on “potential risks to the bulk electric system posed by using equipment and...more

Lowenstein Sandler LLP

DOE’s Recent RFI Specifies “Foreign Adversaries”–What Does It Mean?

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Reflecting increasing U.S. government concern regarding Chinese access to U.S. critical technologies and critical infrastructure, POWER magazine recently reported on the Department of Energy’s (DOE) publication of a Request...more

Foley & Lardner LLP

DOE RFI for Trump Executive Order on Bulk-Power System Grapples with National Security Implications of Evolving U.S. Electrical...

Foley & Lardner LLP on

On July 8, 2020, the U.S. Department of Energy (“DOE”) released a Request for Information (“RFI”), requesting public comments by August 7 on Executive Order 13920 that President Trump issued on May 1, 2020, entitled:...more

Holland & Knight LLP

Department of Energy Issues Request for Information to Understand and Protect Bulk Power System

Holland & Knight LLP on

The U.S. Department of Energy (DOE) has taken the first major step towards implementing the recent Executive Order (EO) from the Trump Administration that seeks to protect the national bulk-power system (BPS) from foreign...more

Morrison & Foerster LLP

BPS Executive Order - July 2020 Updates: Defining “Foreign Adversaries” And Request For Information

On May 1, 2020, President Trump issued Executive Order 13920 on “Securing the U.S. Bulk-Power System” (EO), the most public and potentially far-reaching action to address the long-standing U.S. governmental concern about...more

McGuireWoods LLP

Department of Energy Speaks on Bulk-Power System Executive Order

McGuireWoods LLP on

As discussed in detail in a previous McGuireWoods alert, on May 1, 2020, President Trump issued Executive Order 13920 (EO) prohibiting the acquisition, importation, transfer or installation of certain equipment tied to a...more

Foley Hoag LLP

Cross-Border Compliance Update: May 2020

Foley Hoag LLP on

Proposed Rules on CFIUS Mandatory Declarations Released: No More NAICS Codes! On May 21, 2020, the Department of the Treasury released a proposed rule that would modify the requirements for Committee on Foreign Investment...more

McDermott Will & Emery

Five Takeaways: Navigating President Trump’s Executive Order on US Bulk Power System Electric Equipment

McDermott Will & Emery on

President Trump’s May 1, 2020 Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications for...more

Eversheds Sutherland (US) LLP

Implications of the Bulk-Power System Electrical Equipment Executive Order on energy infrastructure transactions

On May 1, 2020, President Trump issued an “Executive Order on Securing the United States Bulk-Power System,” aimed at preventing cyberattacks to and interference by foreign adversaries with the US power grid. Specifically,...more

Sheppard Mullin Richter & Hampton LLP

Securing the U.S. Bulk Power System: An Assessment of Executive Order 13920

On May 1, 2020, President Trump issued Executive Order 13920 (“Executive Order”), which prohibited certain transactions involving bulk-power system electric equipment manufactured or supplied by persons owned by, controlled...more

King & Spalding

Executive Order Restricts Foreign Supply to U.S. Bulk-Power System

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On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more

Latham & Watkins LLP

President Trump Issues Executive Order Prohibiting Certain Transactions in the Bulk-Power System Supply Chain

Latham & Watkins LLP on

The Order prohibits the purchase or installation of certain bulk-power system electric equipment from foreign adversaries and those subject to their jurisdiction or direction. Key Points: ..On May 1, 2020, President...more

Womble Bond Dickinson

Presidential Order Creates Big Questions For Utility Industry

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On May 1, 2020, the White House ratcheted up cybersecurity protection for the nation’s power grid by empowering the Secretary of Energy to prohibit the sale of certain foreign-made equipment for use in the US bulk power...more

McDermott Will & Emery

President Trump's Executive Order on US Bulk Power System Electric Equipment: Questions and Analysis

President Trump’s May 1, 2020, Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications...more

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