Date: November 7, 2022
Venue: Federal Energy Regulatory Commission
Proceeding: Cybersecurity Incentives Notice of Proposed Rulemaking
EPSA supports an incentive-based approach to encourage utilities to make investments above and beyond existing standards to keep the Bulk-Power System protected against emerging threats not yet reflected in standards or regulations. As directed by Congress in the Infrastructure and Jobs Act, FERC should create incentives for protections, demonstrating the importance of incentivizing these investments at all points across the grid. As proposed in the NOPR, however, the proposed incentives are limited to cost-of-service transmission facilities and certain rate-based generation facilities, thus excluding competitive power generators that recover their costs through competitive markets. Not only is this approach inconsistent with Congress’ intent, but it also misses an opportunity to fortify the Bulk-Power System in its entirety. The language of the Infrastructure and Jobs Act clearly requires the Commission to offer cybersecurity incentives to all BPS participants whose cybersecurity readiness can impact the security of the system. The Commission should revise the NOPR to ensure it complies with Congress’ directive.