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Power & Pipes

FERC, CFTC, and State Energy Law Developments

On June 16, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking to amend its regulations protecting Critical Energy Infrastructure Information. FERC’s proposed revisions are in response to directives in the recently passed Section 215A of the Federal Power Act and aim to address longstanding industry concerns by strengthening existing information protections and allowing FERC to penalize its personnel for unauthorized, knowing, and willful disclosures of this sensitive information. The proposal would also allow FERC to voluntarily share this information in response to grid emergencies and enable individuals to challenge the designation of information as Critical Energy Infrastructure Information in federal court.