S-1068 : Still Just a Bill

This bill amends the Federal Power Act to authorize the Secretary of Energy to require an entity that owns, controls, or operates a bulk-power system facility to take whatever actions the Secretary determines will best avert or mitigate a cyber security threat pursuant to a written notice from the President that immediate action is necessary to protect the bulk-power system from such threat.

The Secretary is encouraged to coordinate with Canadian and Mexican officials responsible for the protection of cyber security of the interconnected North American electricity grid.

The Secretary, before exercising this authority, shall consult about the cyber security threat with: (1) the entities indicated, (2) the Electric Reliability Organization, (3) the Electricity Sub-sector Coordinating Council, and (4) other appropriate federal officials.

The Federal Energy Regulatory Commission shall establish a mechanism that permits owners, operators, or users of the bulk-power system to seek recovery of prudently incurred costs required to implement actions ordered by the Secretary.

Rates or charges approved under this mechanism must be just and reasonable, and neither unduly discriminatory nor preferential.

Emergency orders under the bill are limited to a 30-day period unless the Secretary: (1) provides interested persons an opportunity to submit written data, recommendations, and arguments; and (2) affirms, amends (for up to 90 days), or repeals the order.