News Release: November 17, 2016
Docket Nos. RM16-15-000 and RM15-25-001
Item No. E-4
Order No. 833
FERC Adopts FAST Act Provisions on Critical Infrastructure Information
The Federal Energy Regulatory Commission (FERC) today adopted a Final Rule to implement provisions of the Fixing America’s Surface Transportation Act (FAST Act) by amending its regulations to add processes for the designation, protection, and sharing of Critical Energy/Electric Infrastructure Information (CEII).
FERC issued a Notice of Proposed Rulemaking (NOPR) in June. Today’s Final Rule largely adopts the NOPR by:
- Establishing criteria and procedures to designate information as CEII;
- Prohibiting unauthorized disclosure of CEII; ,
- Establishing sanctions for FERC employees and certain other individuals who knowingly and willfully make unauthorized disclosures; and
- Facilitating voluntary sharing of CEII among federal, state, political subdivision and tribal authorities; the Electric Reliability Organization; regional entities; owners, operators and users of critical electric infrastructure; and other entities deemed appropriate by the Commission.
The FAST Act, signed into law by President Barack Obama in December 2015, adds section 215A to the Federal Power Act to improve security and resilience of energy infrastructure in the face of emergencies. The FAST Act required FERC to issue regulations aimed at securing and sharing CEII.
Today’s Final Rule takes effect 60 days after publication in the Federal Register.