On September 18, 2008, the Federal Energy Regulatory Commission (FERC) issued an order proposing to clarify that the facilities within a nuclear generating plant that are not regulated by the U.S. Nuclear Regulatory Commission (NRC) are subject to compliance with the eight mandatory Reliability Standards for Critical Infrastructure Protection that were approved in Order No. 706.  In its explanation, FERC indicated its understanding that NRC does not regulate all facilities within a nuclear plant, and proposes to close this "gap" in the regulatory process.  Comments on FERC’s proposed clarification are due within 30 days of Federal Register notice.

To read FERC’s summary fact sheet on the proposed clarification, click here.

To read FERC’s order on proposed clarification in its entirety, click here.

On September 18, 2008, the Federal Energy Regulatory Commission (FERC) dismissed Edison Electric Institute’s (EEI) request for clarification of Section 1600 of the North American Electric Reliability Corporation’s (NERC) Rules of Procedures regarding data and information requests made by NERC.  FERC dismissed as "premature" EEI’s request that FERC clarify how it might address its Paperwork Reduction Act (PRA) obligations under circumstances where NERC must collect data or information on behalf of FERC and the timeliness of such data collection is of the essence.  FERC said it would "address its obligations under the PRA when and where appropriate." To read FERC’s order in its entirety, click here.

On September 11, 2008, the North American Electric Reliability Corporation (NERC) submitted a compliance filing in response to the Federal Energy Regulatory Commission’s (FERC) directive in Order No. 713 that NERC provide an explanation of whether Reliability Requirements R1 and R1.1 regarding Reliability Coordination and Transmission Loading Relief (TLR) only allow the TLR procedure to be continued when already deployed prior to an actual violation or, in the alternative, whether such requirements allow use of the TLR procedure as a tool to address actual violations after they occur.  To view NERC’s compliance filing responding to FERC’s inquiry, please click here.

On September 11, 2008, the House Energy and Air Quality Subcommittee held a hearing on “Protecting the Electric Grid from Cyber Security Threats.”  Much of the hearing focused on the details of a bi-partisan draft of proposed legislation to give FERC new authority to protect the Nation’s electric grid from cyber security threats and vulnerabilities.  Links to all of the prepared testimony presented at the hearing are below.

To read the prepared statement of James R. Langevin, Chairman, Emerging Threats, Cybersecurity, Science and Technology Subcommittee, U.S. House of Representatives Committee on Homeland Security, click here.

To read the prepared statement of the Honorable Joseph T. Kelliher, FERC Chairman, click here.

To read the prepared statement of the Honorable Kevin M. Kolevar, Assistant Secretary, Office of Electric Delivery and Energy Reliability, Department of Energy, click here.

To read the prepared statement of Mr. Rick Sergel, President of the North American Electric Reliability Corporation, click here.

On September 2, 2008, pursuant to the Federal Energy Regulatory Commision's (FERC) regulations requiring the North American Electric Reliability Corporation (NERC) to file its proposed entire annual budget for statutory and non-statutory activities 130 days before the beginning of the fiscal year, NERC submitted its 2009 Business Plan and Budget and the 2009 Business Plans and Budgets of Regional Entities to the FERC for acceptance. To access NERC’s 2009 Business Plan and Budget, click here.

On August 29, 2008, NERC submitted to FERC, in compliance with Paragraph 223 of Order No. 890, the following five proposed Reliability Standards:

In response to an increasing number of inquiries from the regulated community concerning utility Vegetation Management (VM) practices and the applicable reliability standards for VM, FERC issued an informal VM Frequently Asked Questions document.  To view the original document, please click here. To view the updated and revised version, click here.

On August 14, 2008, NERC submitted to FERC a compliance filing in response to Paragraph 18 of FERC’s February 21, 2008 Order directing NERC to work with  federal agencies listed on NERC’s compliance registry to develop procedures providing for review of certain information without risking waiver of FOIA protection.  To view NERC’s filing, click here.

On August 14, 2008, NERC filed with FERC a petition requesting the approval of several amendments to NERC’s Bylaws.  To view NERC’s petition, click here.