§824o–1 Critical Electric Infrastructure Security

Summary

Allows the Secretary of Energy to order emergency actions to protect or restore the electric grid when the President gives a written finding that a grid security emergency exists. A grid security emergency means a serious threat or actual attack that could harm the grid’s ability to work. The threat can be an attack using electronic communications, an electromagnetic pulse (EMP), a geomagnetic storm from the sun, or a direct physical attack. The Secretary can act quickly, with or without notice or hearing, and should consult with Canada, Mexico, the Electric Reliability Organization, regional entities, the Electricity Sub-sector Coordinating Council, the Federal Energy Regulatory Commission, and other federal agencies when possible. Emergency orders can apply to the Electric Reliability Organization, regional entities, and any owner, user, or operator of critical or defense-critical electric infrastructure in the U.S. Orders last no more than 15 days but can be reissued in 15-day blocks only if the President again provides a written finding for each extension. The Secretary had to set fast procedures within 180 days after December 4, 2015. The Secretary also had to list defense-critical facilities in the 48 contiguous States and D.C. within 180 days after December 4, 2015, and can update that list later. Key terms (one line each): bulk-power system — the large electric grid; critical electric infrastructure — parts of the grid whose loss would hurt national or public safety or the economy; critical electric infrastructure information — information about such infrastructure given to the Commission or federal agencies and marked for protection; defense critical electric infrastructure — grid parts that serve designated defense facilities but are not owned by them; electromagnetic pulse — a pulse that can disable electronics; geomagnetic storm — a temporary disturbance of Earth’s magnetic field from the sun; Secretary — the Secretary of Energy. The law protects critical electric infrastructure information from public disclosure and requires the Commission, within one year after December 4, 2015, to make rules on how information is designated, shared, and protected, including penalties for unauthorized disclosure. Information designation lasts up to 5 years unless renewed, and can be removed if no longer risky. The Commission must allow cost recovery, consistent with section 824d, for substantial, prudently incurred costs from complying with emergency orders that cannot be recovered otherwise. Owners of facilities designated for defense must pay full incremental costs if they rely on defense-critical grid parts. The Secretary must help speed security clearances and share timely actionable information with key personnel when possible. Following or sharing under these emergency orders generally won’t be treated as a violation of other rules, and sharing under the rules is protected from lawsuits, except if someone acts with gross negligence. Designation decisions can be reviewed in federal district court where the complainant lives, has a business, or in D.C., and the court may review documents privately. Congress and the Comptroller General can still get information.