News & Analysis as of

North American Electric Reliability Corporation

North American Electric Reliability Corporation (NERC) is a non-profit entity that develops and enforces reliability standards to promote adequate and consistent bulk electrical power in North America. NERC... more +
North American Electric Reliability Corporation (NERC) is a non-profit entity that develops and enforces reliability standards to promote adequate and consistent bulk electrical power in North America. NERC enforces standards, monitors reliability, investigates disruptions and trains and certifies power industry personnel. less -

DOE Announces New Cyber Office to Elevate Importance of Risks to Energy Sector - Effort Builds on Prior White House, DOE and FERC...

by Holland & Knight LLP on

The President’s FY 19 Proposed Budget, issued on Feb. 12, 2018, featured a heavy focus on the cybersecurity risks to the nation’s critical infrastructure and included budget increases for cyber specific missions within...more

FERC Proposes to Adopt Electric Supply Chain Cybersecurity Standards

by Morgan Lewis on

The proposal would adopt NERC standards on accelerated deadlines and expand the scope of covered assets subject to supply chain risk management. If adopted, these standards could significantly alter the electric utility...more

Electrical Infrastructure Standards Updated to Meet Cybersecurity Threat

by Bennett Jones LLP on

A quote famously attributed to then FBI Director, Robert Mueller, in March 2012 advised that: “There are only two types of companies: those that have been hacked, and those that will be.”...more

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

FERC Rejects DOE Proposal for Special Compensation for Coal and Nuclear Generators

by Husch Blackwell LLP on

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order terminating the rulemaking proceeding that it established to address DOE Secretary Rick Perry’s proposed Grid Resiliency...more

FERC Aims to Broaden Cyber Incident Reporting Requirements

by Morgan Lewis on

The proposal follows a Federal Energy Regulatory Commission finding that existing cyber threats to electric utilities are underreported....more

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

by Holland & Knight LLP on

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

Currents - Energy Industry Insights - December 2017 #3

Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System...

by WilmerHale on

The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more

Initial Comments on DOE’s Proposed Grid Resiliency Rule Raise Issues and Draw Battle Lines Before FERC

by Shearman & Sterling LLP on

The “Grid Resiliency Pricing Rule” submitted in late September by the Secretary of Energy for consideration by the Federal Energy Regulatory Commission (FERC) has attracted the proverbial avalanche of initial comments from a...more

Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More

by Moore & Van Allen PLLC on

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a...more

Trump Track: DOE Proposes FERC Action to Benefit Coal and Nuclear Power

by Davis Wright Tremaine LLP on

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to the Federal Energy Regulatory Commission (“FERC”) pursuant to §403(a) of the DOE Organization Act. Regulations...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

by Morgan Lewis on

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

FERC Declines to Require Cybersecurity Modifications to Bulk Electric System Control Centers

On October 2, 2017, the Federal Energy Regulatory Commission (the “Commission”) terminated its inquiry into the need for, and potential effects of, modifications to the North American Electric Reliability Corporation (NERC)...more

DOE Directs FERC to Enact Special Compensation Rule for Coal Power

by Stoel Rives LLP on

By a notice issued yesterday, September 28, Rick Perry, the Secretary of Energy, utilized section 403 of the DOE Act to require FERC to cause organized energy market operators (ISOs/RTOs) to compensate “fuel secure...more

Authorities Investigating Cyber Intrusion of Numerous U.S. Nuclear Power Plants

It’s scary to think about, but anything that is online is hackable. Including critical infrastructure like nuclear power plants. It has been reported that U.S. authorities are investigating a cyber intrusion that has hit...more

NERC Issues Recommendations on Inverter-related Solar Outages

by Morgan Lewis on

Inverter disconnect events increasingly pose a reliability risk with the growth of solar generation. On June 8, the North American Electric Reliability Corporation (NERC) released its report on the loss of 1,200 MW of solar...more

The Trump Energy Agenda - The Early Days of President Trump and Secretary of Energy - Designee Rick Perry

What has happened since President Trump was inaugurated? - In one of his first executive actions, President Trump has placed a freeze on new government hires (excepting the military). Based on information from Trump...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

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

by Stinson Leonard Street on

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

Cybersecurity 2017 – The Year in Preview: Energy and Security

Editor’s note: This is the fifth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, and emerging threats. Our last post will focus on...more

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

by Cozen O'Connor on

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

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

by Moore & Van Allen PLLC on

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

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