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Pandemic Planning: Electric Reliability Maintenance and Standards Compliance

Following the increased spread of COVID-19 within the United States, the North American Electric Reliability Corporation (NERC) issued a Level 2 Alert on March 10 to all users, owners, and operators of the bulk-power system,...more

New Jersey Enacts Bill Authorizing Solicitation of Open Access Transmission Facilities

In November 2019, New Jersey Governor Phil Murphy issued Executive Order 92 increasing the state’s offshore wind generation goal from 3,500 MW by 2030 to 7,500 MW by 2035....more

FERC Simplifies MBR Screen Requirements in Multiple Markets

Wholesale electricity sellers that are not government owned are subject to regulation by the Federal Energy Regulatory Commission. Obtaining FERC approval to sell wholesale electricity at “market-based rates” (which is nearly...more

FERC Staff Provides Lessons Learned for Electric Utility Cybersecurity

FERC Staff issued a report on March 29 on Commission-led critical infrastructure protection (CIP) reliability audits completed for fiscal years 2016 through 2018. The report provides lessons learned from those audits, as well...more

FERC Requires Expanded Cyber Incident Reporting for Electric Utilities

The final rule reflects regulator concerns that the cyber threats facing electric utilities are largely underreported....more

FERC Proposes to Adopt Electric Supply Chain Cybersecurity Standards

The proposal would adopt NERC standards on accelerated deadlines and expand the scope of covered assets subject to supply chain risk management. If adopted, these standards could significantly alter the electric utility...more

FERC Aims to Broaden Cyber Incident Reporting Requirements

The proposal follows a Federal Energy Regulatory Commission finding that existing cyber threats to electric utilities are underreported....more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

Federal Court Grants Full Civil Trial to FERC Enforcement Target

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

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

FERC Proposes to Approve NERC Physical Security Standard

In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more

NERC Fines Generator for Violations Related to Lead Line Operations

Filing reminds generators with significant high-voltage tie lines that they can be subject to Reliability Standards typically applied to transmission owners and transmission operators. ...more

FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards

Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection....more

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