NERC Submits Motion to Intervene and Comment on Michael Mabee Complaint

On September 15, 2021, in Docket No. EL21-99-000, NERC submitted a Motion to Intervene and Comment on a complaint regarding the use of Chinese equipment in the Bulk Electric System (BES). The Complaint, filed by Michael Mabee on August 26, 2021, claims that (i) entities in the Bulk-Power System (BPS) are buying and installing critical equipment from the People’s Republic of China; (ii) there is no requirement that existing Chinese equipment be checked for risks and vulnerabilities; and (iii) there is no requirement that newly imported Chinese equipment be checked for risks and vulnerabilities. The Complaint requests the Commission: (i) issue a public notice of the Complaint; (ii) investigate the Complaint; (iii) direct NERC to conduct survey of all registered entities in the BPS to determine what Chinese equipment is in use; (iv) direct NERC to submit a proposed Reliability Standard for testing and security of Chinese equipment; and (v) work with state public utility commissions to encourage adoption of the Reliability Standard for protection of portions of the grid under state jurisdiction. NERC agrees with the Complaint that the industry should take steps necessary to ensure security of the BPS. However, NERC disagrees with the Complaint’s proposed course of action and disagrees with the Complaint that there are no NERC Reliability Standards that address security risks. NERC also argues that the Complaint fails to meet the minimum requirements for filing a complaint, and a complaint proceeding could potentially duplicate or even hamper current efforts to address the threat. Accordingly, NERC requests that the Commission deny the Complaint.