One agency should have authority to deal with power grid threats:
FERC chief
Washington (Platts)--12Feb2014/233 pm EST/1933 GMT
Congress should consider passing legislation that would give one
agency "clear and direct authority" to respond to imminent threats to
the US power system, Cheryl LaFleur, acting chairman of the Federal
Energy Regulatory Commission has told lawmakers.
"This authority should include the ability to require action before a
physical or cyber national security incident has occurred," LaFleur said
in a Tuesday letter. Any new authority, she said, should not impede
FERC's existing authority to work with the North American Electric
Reliability Corp. to set reliability standards for the grid, a process
that can often take months to complete.
LaFleur also said "it is appropriate to consider whether federal
regulations are needed to ensure the risk of physical attacks on our
electrical infrastructure is addressed adequately." Her letter came in
response to concerns expressed in a Friday letter signed by several
Senate Democrats.
In the letter, Senate Majority Leader Harry Reid of Nevada, Senators
Ron Wyden of Oregon, Dianne Feinstein of California and Al Franken of
Minnesota, asked FERC and NERC whether "additional minimum standards"
are needed to ensure physical security at key points on the electric
grid. The wrote in the wake of news reporters about what officials are
calling a sophisticated attack in April on a Pacific Gas & Electric
substation near San Jose, California, in which the assailants employed
"military-style weapons," including AK-47s.
The senators wrote that FERC and NERC have "clear and unmistakable"
authority under federal law to act on physical threats to critical
substations and other essential facilities.
LaFleur agreed that protecting the grid from such attacks is "an issue
of critical importance," and said officials from FERC and other federal
agencies have worked to educate industry about security risks as well as
identify "the most critical facilities" and what protections they should
have.
She also said that FERC, NERC the FBI and others have launched a
"13-city physical security campaign" to educate utilities, states and
others about the issue.
"To date, our efforts have focused on strongly encouraging utilities to
make improvements to their physical security, by explaining why and
where they should be made. This approach has resulted in improvements
being implemented more quickly and more confidentially than a mandatory
regulation could have accomplished under our existing authority,"
LaFleur said.
But LaFleur also said it is appropriate to consider mandatory
regulations, adding that she has directed staff to work with NERC on the
matter. She also said that because FERC is subject to the Freedom of
Information Act, "the confidentiality of sensitive security information,
and the timeliness and certainty of the process, are appropriate
concerns."
LaFleur said Congress could improve FERC and NERC's ability to address
grid risks "by enhancing the confidentiality of sensitive security
information concerning physical or cyber threats to, or vulnerabilities
of, the bulk power system," saying that a "properly-defined" FOIA
exemption would be helpful.
--Bobby McMahon,
bobby.mcmahon@platts.com
--Edited by Jeff Barber,
jeff.barber@platts.com
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