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Bill > S1068


US S1068

US S1068
A bill to amend the Federal Power Act to protect the bulk-power system from cyber security threats.


summary

Introduced
04/23/2015
In Committee
04/23/2015
Crossed Over
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

This bill amends the Federal Power Act to authorize the Secretary of Energy to require an entity that owns, controls, or operates a bulk-power system facility to take whatever actions the Secretary determines will best avert or mitigate a cyber security threat pursuant to a written notice from the President that immediate action is necessary to protect the bulk-power system from such threat. The Secretary is encouraged to coordinate with Canadian and Mexican officials responsible for the protection of cyber security of the interconnected North American electricity grid. The Secretary, before exercising this authority, shall consult about the cyber security threat with: (1) the entities indicated, (2) the Electric Reliability Organization, (3) the Electricity Sub-sector Coordinating Council, and (4) other appropriate federal officials. The Federal Energy Regulatory Commission shall establish a mechanism that permits owners, operators, or users of the bulk-power system to seek recovery of prudently incurred costs required to implement actions ordered by the Secretary. Rates or charges approved under this mechanism must be just and reasonable, and neither unduly discriminatory nor preferential. Emergency orders under the bill are limited to a 30-day period unless the Secretary: (1) provides interested persons an opportunity to submit written data, recommendations, and arguments; and (2) affirms, amends (for up to 90 days), or repeals the order.

AI Summary

This bill amends the Federal Power Act to empower the Secretary of Energy to take immediate action against cybersecurity threats to the bulk-power system, which refers to the interconnected electrical generation and transmission facilities critical for delivering electricity. If the President issues a written notice declaring an immediate need to protect this system from a cybersecurity threat, defined as the imminent danger of a malicious act disrupting its operation, the Secretary can order entities owning, controlling, or operating bulk-power system facilities to implement necessary protective measures. Before issuing such an order, the Secretary is encouraged to coordinate with Canadian and Mexican officials responsible for the North American electricity grid's cybersecurity and must consult with affected entities, the Electric Reliability Organization (an organization responsible for grid reliability), the Electricity Sub-sector Coordinating Council (a group focused on critical infrastructure protection), and other federal officials. The Federal Energy Regulatory Commission (FERC) will create a system allowing owners, operators, or users of the bulk-power system to recover reasonable and necessary costs incurred from complying with these orders, ensuring that any approved rates or charges are fair and non-discriminatory. Emergency orders issued under this authority are initially limited to 30 days, but can be extended up to 90 days if the Secretary provides an opportunity for public input and formally affirms or amends the order.

Committee Categories

Agriculture and Natural Resources

Sponsors (2)

Last Action

Committee on Energy and Natural Resources. Hearings held. (on 06/09/2015)

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