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North American Electric Reliability Corporation Federal Power Act

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 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

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

White & Case LLP

Summary of FERC Meeting Agenda for November 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 17, 2022 open meeting, pursuant to the sunshine notice released on November 10, 2022. Electric - E-1 – Registration of...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

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

White & Case LLP

Summary of FERC Meeting Agenda for January 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 23, 2020 meeting, pursuant to the agenda as issued on January 16, 2020. Agenda items E-1, E-2, E-3, E-6, E-7, E-8, E-9, and...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s April 18, 2019 meeting, pursuant to the agenda as issued on April 11, 2019. Agenda items E-4 and C-4 have not been included due to...more

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

Debate over Cybersecurity Oversight for Gas Pipeline and Bulk Power Systems Continues

Earlier this month, Federal Energy Regulatory Commission (“FERC”) Chairman Neil Chaterjee testified before the U.S. Senate Committee on Energy and Natural Resources on issues related to cybersecurity in the energy industry. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supply Chain Risk Management Reliability Standards: FERC October 26th Issuance of Final Rule

The Federal Energy Regulatory Commission (“FERC”) published an October 26th Federal Register notice approving supply chain risk management Reliability Standards: CIP-013-1 (Cyber Security – (Supply Chain Risk Management) -...more

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

Escalation of Cybersecurity Threats to National Power System Prompts FERC to Call for Stricter Reporting Standards

On July 19, the Federal Energy Regulatory Commission (“FERC” or “Commission”), pursuant to its authority under section 215 of the Federal Power Act, issued a final rule directing the North American Electric Reliability...more

Holland & Knight LLP

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

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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

Stinson LLP

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

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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

Alston & Bird

FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks

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The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system. FERC is taking these...more

Akin Gump Strauss Hauer & Feld LLP

Passing of Senate’s Energy Bill Signals a Renewed Focus on Cybersecurity of Power Grid

As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more

Akin Gump Strauss Hauer & Feld LLP

FERC NOPR Seeks Access to Additional Electric Reliability Data

At its September 17, 2015 Open Meeting, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation...more

Davis Wright Tremaine LLP

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

Morgan Lewis

Federal Agencies Cannot Be Fined for Reliability Standard Violations

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

King & Spalding

FERC Proposes Development of Physical Security Standards for the Bulk-Power System

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On March 7, 2014, the Federal Energy Regulatory Commission ("FERC") directed the North American Electric Reliability Corporation ("NERC") to develop reliability standards requiring owners and operators of the Bulk-Power...more

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