News & Analysis as of

North American Electric Reliability Corporation Cybersecurity

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 -
Troutman Pepper

FERC Approves NERC’s CIP Reliability Standard on Cyber Security

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On May 23, 2024, FERC approved the North American Electric Reliability Corporation’s (“NERC”) proposed Critical Infrastructure Protection (“CIP”) Reliability Standard, CIP-012-2 (Cyber Security – Communications between...more

Paul Hastings LLP

CISA Proposes Sweeping Cybersecurity Incident Reporting for U.S. Companies

Paul Hastings LLP on

On March 27, 2024, the Cybersecurity & Infrastructure Security Agency (“CISA”) released proposed regulations requiring expansive new cybersecurity incident and ransomware payment reporting across sixteen “critical...more

Troutman Pepper

FERC Staff Issues Report on Lessons Learned from 2023 CIP Audits

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On December 12, 2023, FERC staff offered information and recommendations to help registered entities (i.e., users, owners, and operators of the bulk electric system) improve their compliance with mandatory Critical...more

Bradley Arant Boult Cummings LLP

Chambers Global Practice Guides: Alternative Energy and Power 2023

Inflation Reduction Act - Perhaps the most significant recent develop- ment in the area of alternative energy, the Infla- tion Reduction Act of 2022 (IRA) offers approxi- mately USD270 billion in tax incentives to help...more

Troutman Pepper

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

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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

Morgan Lewis - Power & Pipes

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

Troutman Pepper

FERC Approves Extending Risk Management Practices to Low-Impact Cyber Systems

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On March 16, 2023, FERC approved a new cybersecurity reliability standard, CIP-003-9 (along with associated violation risk factors and violation security levels), proposed by the North American Electric Reliability...more

Holland & Knight LLP

FERC Approves New Cybersecurity Standards for Low-Impact Electric Assets

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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

Perkins Coie

FERC Establishes New Monitoring Requirements for Bulk Electric Systems

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In late January, the Federal Energy Regulatory Commission (FERC) published a final rule directing the North American Electric Reliability Corporation (NERC) to develop and submit modified reliability standards for internal...more

Davis Wright Tremaine LLP

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

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

Troutman Pepper

FERC Directs NERC to Develop Internal Network Security Monitoring for High and Medium Impact Bulk Electric System Cyber Systems

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On January 19, 2023, the Commission issued a final rule that directs the North American Electric Reliability Corporation (“NERC”) to develop and submit reliability standards for monitoring high and medium impact bulk electric...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

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

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

Akin Gump Strauss Hauer & Feld LLP

FERC Again Proposes Incentives for Voluntary Cybersecurity Investments

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

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Close Gap in Bulk Electric System Cybersecurity

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) proposed to direct the North American Electric Reliability Corporation (NERC) to develop for FERC review and approval new or modified Reliability Standards...more

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

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

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

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

Holland & Knight LLP

TSA's Pipeline of Cybersecurity Requirements

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The Transportation Security Administration (TSA) on July 20, 2021, reversed two decades of pipeline cybersecurity policies. Having previously advocated for voluntary pipeline cybersecurity standards, the TSA quickly issued...more

Akin Gump Strauss Hauer & Feld LLP

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

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

Perkins Coie

Ransomware, Cyberattacks, and Cybersecurity for Pipelines and LNG Facilities

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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

Foley Hoag LLP - Energy & Climate Counsel

Colonial Pipeline Cyberattack Highlights Vulnerability of Nation’s Energy Sector

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

Morgan Lewis - Power & Pipes

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

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking on Cybersecurity Investment Incentives

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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

Bracewell LLP

FERC Proposes Incentive-Based Rate Treatment for Cybersecurity Investments

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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

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