FERC Responds to Senate Inquiry about Physical Grid Security

Feb 14, 2014

Reading Time : 1 min

Acting Chairman LaFleur’s response describes the actions taken by FERC after the attack, including briefing utilities, state regulators, and industry organizations, identifying critical grid facilities in need of protection, and developing specific protective measures appropriate to vulnerable sites. FERC is also working with NERC, the Department of Homeland Security, the Department of Energy, and the Federal Bureau of Investigation to “reach out to utilities, sates, and law enforcement” on issues of physical security. Acting Chairman LaFleur believes the current response has been implemented “more quickly and more confidentially” than could be accomplished by regulation. Moreover, the protective measures taken have been uniquely designed to each location, which would be difficult to achieve with a fixed, mandatory set of rules.

However, the Acting Chairman agreed that additional regulation might be needed and asked for the assistance of Congress. Specifically, she suggested that Congress could help by providing an exemption to the Freedom of Information Act for sensitive security information and authorizing a federal agency (not necessarily FERC) to direct actions in the wake of an emergency caused by a physical or cyber attack on the power grid. Mr. Cauley has not yet responded to the Senators’ letter. 

Share This Insight

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.