FERC, CFTC, and State Energy Law Developments
On June 30, 2011, NERC filed its remaining responses to FERC’s recent questions on the expected scope of bulk-power system facilities considered Critical Assets under the proposed CIP-002-4 Reliability Standard.
On October 15, 2010, the North American Electric Reliability Corporation (“NERC”) submitted in Docket No. RM06-22-000, to the Federal Energy Regulatory Commission (“FERC”), a status report concluding that all of the balance of plant within a nuclear facility is subject to the cyber security standards of the Nuclear Regulatory Commission (“NRC”), and not subject to NERC’s Critical Infrastructure Protection (“CIP”) Reliability Standards.
On October 7, 2010 the Federal Energy Regulatory Commission (“Commission”) opened Docket No. RM11-2-000 to initiate rulemaking proceedings concerning Smart Grid Interoperability Standards.