NERC Issues Notice of Two Proposed Alternative Amendments to NERC Rules for Technical Feasibility Exceptions to NERC CIP Standards

On October 29, 2010, NERC posted for comment two proposed alternatives to amend Appendix 4D of its Rules of Procedure, which address the procedure for requesting and receiving Technical Feasibility Exceptions (TFEs) to NERC Critical Infrastructure Protection (CIP) Standards.  On April 21, 2010, NERC submitted a TFE compliance filing in response to a January 21, 2010 FERC Order directing modifications to Appendix 4D.  On October 1, 2010, FERC conditionally accepted NERC's filing subject to certain directives described below.

Alternative A tracks the changes required to address FERC's October 1 directives to allow for reconsideration of a TFE determination by a Regional Entity (RE) solely on the grounds that the approval, disapproval or rejection of the TFE request would result in an inconsistent application within an RE or between REs of the TFE criteria specified in section 3.1.  FERC stated that this right to seek reconsideration would be limited to NERC and to responsible entities who received differing TFE determinations on the same type of covered assets.  Alternative B implements changes upon which NERC has requested clarification in a Request for Clarification or in the Alternative, Rehearing of the October 1 Order.  Comments on Alternatives A and B are due on December 13, 2010.  NERC must make a compliance filing to FERC by December 30, 2010.

To view Alternatives A and B, click here.