Title 42The Public Health and WelfareRelease 119-73

§17391 Voluntary state, regional, and local electricity distribution planning

Title 42 › Chapter CHAPTER 152— - ENERGY INDEPENDENCE AND SECURITY › Subchapter SUBCHAPTER IX— - SMART GRID › § 17391

Last updated Apr 6, 2026|Official source

Summary

When a State, regional group, or electric utility asks, the Secretary of Energy must help them make state, regional, and local electricity distribution plans. The help includes doing a resource assessment and analyzing future demand and distribution needs, and creating open‑source tools for planning and operations. The assessment must look at physical security, cybersecurity, and communications for advanced distribution control systems and for integrating distributed energy resources, and must use grid‑architecture methods to study risks from all hazards, including communications, control systems, and power systems. Information gathered is treated as critical electric infrastructure information under section 824o–1 of title 16 and can only be released under the rules for that information. The Secretary must give technical help to States, regional reliability entities, and other owners or operators of distribution assets. A requester can stop the help at any time, and the Secretary cannot force anyone to adopt any model, tool, plan, analysis, or assessment.

Full Legal Text

Title 42, §17391

The Public Health and Welfare — Source: USLM XML via OLRC

(a)On the request of a State, regional organization, or electric utility, the Secretary of Energy shall provide assistance to States, regional organizations, and electric utilities to facilitate the development of State, regional, and local electricity distribution plans by—
(1)conducting a resource assessment and analysis of future demand and distribution requirements; and
(2)developing open source tools for State, regional, and local planning and operations.
(b)The assessment under subsection (a)(1) shall include—
(1)the evaluation of the physical security, cybersecurity, and associated communications needs of an advanced distribution management system and the integration of distributed energy resources; and
(2)advanced use of grid architecture to analyze risks in an all-hazards approach that includes communications infrastructure, control systems architecture, and power systems architecture.
(c)The information collected for the assessment and analysis under subsection (a)(1)—
(1)shall be considered to be critical electric infrastructure information under section 824o–1 of title 16; and
(2)shall only be released in compliance with regulations implementing that section.
(d)For the purpose of assisting in the development of State and regional electricity distribution plans, the Secretary shall provide technical assistance to—
(1)States;
(2)regional reliability entities; and
(3)other distribution asset owners and operators.
(e)A State or any entity that has requested technical assistance under this section may withdraw the request for technical assistance at any time, and on such withdrawal, the Secretary shall terminate all assistance efforts.
(f)Nothing in this section authorizes the Secretary to require any State, regional organization, regional reliability entity, asset owner, or asset operator to adopt any model, tool, plan, analysis, or assessment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Independence and Security Act of 2007 which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17391

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73