U.S. FERC Proposes Revisions to Cybersecurity Incentives for Utilities

On September 22, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) regarding Incentives for Advanced Cybersecurity Investment, requesting comment on proposed revisions to regulations implementing the Federal Power Act (FPA). The revisions would provide incentive-based rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for certain voluntary cybersecurity investments. The NOPR was issued in response to a Congressional mandate set forth in the Infrastructure Investment and Jobs Act of 2021, which directed FERC to establish cybersecurity incentives that would encourage investments by utilities in advanced cybersecurity technology and participation in cybersecurity threat information sharing programs. This NOPR replaces a prior cybersecurity incentives NOPR from December 2020.

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TSA Issues Directive to Enhance Pipeline Cybersecurity

The U.S. Department of Homeland Security’s Transportation Security Administration (“TSA”) issued a Security Directive, “Enhancing Pipeline Cybersecurity” on May 28, laying out new cybersecurity requirements for operators of liquids and natural gas pipelines and LNG facilities designated as critical infrastructure.

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