Electric Reliability Update - December 22, 2017


FERC

FERC Issues Draft NOPR on Cyber Security Incident Reporting – December 21 – FERC issued a Notice of Proposed Rulemaking (NOPR), which if adopted would instruct NERC to modify its Critical Infrastructure Protection (CIP) reliability standards to heighten reporting requirements for cybersecurity incidents.   The NOPR proposes identifying the types of incidents for which an entity must submit reports more expansively, as well as increasing the information in each report to allow for easier comparison and analysis.  Reports would have to be submitted to the Electricity Information Sharing and Analysis Center (E-ISAC) and Department of Homeland Security Industrial Control Systems Cyber Emergency Response Team (ICS-CERT).  The NOPR would also require NERC to file an annual, anonymized report with FERC aggregating the reported information.  Comments will be due to FERC within 60 days of the NOPR’s publication in the Federal Register.

NERC

Reliability Standards with a January 1, 2018 Effective Date

The following standards have an effective date of January 1, 2018:

NERC Releases 2017 Long-Term Reliability Assessment - December 14 - NERC released its 2017 Long-Term Reliability Assessment, providing a perspective of the generation, resources, and transmission system adequacy needed over the next decade.  While most reserve margins across North America are adequate through 2022, the assessment found that, among other things, growth in electricity demand is at its lowest rate on record, and recent retirements of coal generation and canceled nuclear expansion results in reserve margins that drop below reference margin levels beginning in 2018.

NERC Penalty Activity - November 30 - NERC filed with FERC a spreadsheet notice of penalty resolving 4 violations of 3 Reliability Standards totaling $181,000 in penalties.

Chief Security Officer Leaves NERC - November 27 - NERC released an announcement that its senior vice president and security chief officer, Marc Sachs, resigned. NERC will conduct a search for a new chief security officer but, in the meantime, Tim Roxey and Bill Lawrence will serve in the interim. Tim Roxy is currently a NERC vice president and chief operations officer for NERC’s E-ISAC and Bill Lawrence is a NERC senior director with the E-ISAC. Roxey and Lawrence will be sharing responsibility for the position.

Cybersecurity

Cybersecurity and Infrastructure Security Agency Act Passes House - December 11 - The House of Representatives passed the Cybersecurity and Infrastructure Security Agency Act of 2017 and has referred it to the Senate Committee on Homeland Security and Governmental Affairs.  The bill (H.R. 3359), first introduced by Representative Michael McCaul (R-TX), would amend the Homeland Security Act of 2002 to designate the Department of Homeland Security’s National Protection and Programs Directorate as the Cybersecurity and Infrastructure Security Agency (CISA).  CISA would lead the efforts to protect and enhance the security of U.S. cybersecurity, emergency communications, and critical infrastructure.

NIST Releases Second Draft of Cybersecurity Framework - December 5 - The National Institute of Standards and Technology (NIST) released the second draft of the proposed update to the Framework for Improving Critical Infrastructure Cybersecurity.  The second draft aims to clarify and enhance the Cybersecurity Framework to provide an effect tool to help organizations better manage their cybersecurity risks.  Specifically, the update:

Congress

Next Generation Grid Act Introduced in Senate - December 14 - Senator Angus King (I-ME) introduced the Next Generation Grid Resources and Infrastructure Development (GRID) Act to the Senate Committee on Energy and Natural Resources.  The bill would amend the Public Utility Regulatory Policies Act of 1978 to modernize the electric grid by integrating distributed energy resources using federal resources to establish criteria that properly reflects the needs of each state.

Regional Developments

Peak Reliability and PJM Connext to Explore Markets in the West - December 7 - Peak Reliability (Peak) and PJM Connext, a subsidiary of PJM Interconnection, have agreed to jointly explore reliability services and markets in the West.  The partnership seeks to combine Peak’s Western Interconnection model with PJM’s cost-effective services for system operation.  Peak and PJM Connext have begun to review potential reliability services, market design, and organization structure and are expected to issue a report on the review by the end of March 2018.


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National Law Review, Volume VII, Number 356