II 

114TH CONGRESS 

1ST SESSION S. 1068 

To amend the Federal Power Act to protect the bulk-power system from 

cyber security threats. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2015 

Mr. RISCH (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Power Act to protect the bulk-power 

system from cyber security threats. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CYBER SECURITY THREATS. 

4 Part II of the Federal Power Act (16 U.S.C. 824 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 224. CYBER SECURITY THREATS. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk9 power system’ has the meaning given the term in 

10 section 215. 


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1 ‘‘(2) CYBER SECURITY THREAT.—The term 

2 ‘cyber security threat’ means the imminent danger 

3 of a malicious act that disrupts, attempts to disrupt, 

4 or poses a significant risk of disrupting the oper5 ation of programmable electronic devices or commu6 nications networks (including hardware, software, 

7 and data) essential to the reliable operation of the 

8 bulk-power system. 

9 ‘‘(3) ELECTRIC RELIABILITY ORGANIZATION.— 

10 The term ‘Electric Reliability Organization’ has the 

11 meaning given the term in section 215. 

12 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Energy. 

14 ‘‘(b) EMERGENCY AUTHORITY OF SECRETARY.— 

15 ‘‘(1) IN GENERAL.—If the President submits to 

16 the Secretary a written notice of a determination by 

17 the President that immediate action is necessary to 

18 protect the bulk-power system from a cyber security 

19 threat, the Secretary may require, by order and with 

20 or without notice, any entity that owns, controls, or 

21 operates a bulk-power system facility to take such 

22 actions as the Secretary determines will best avert or 

23 mitigate the cyber security threat. 

24 ‘‘(2) COORDINATION WITH CANADA AND MEX25 ICO.—In exercising the authority pursuant to this 


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1 subsection, the Secretary is encouraged to consult 

2 and coordinate with the appropriate officials in Can3 ada and Mexico responsible for the protection of 

4 cyber security of the interconnected North American 

5 electricity grid. 

6 ‘‘(3) CONSULTATION.—Before exercising au7 thority pursuant to this subsection, to the maximum 

8 extent practicable, taking into consideration the na9 ture of an identified cyber security threat and the 

10 urgency of need for action, the Secretary shall con11 sult regarding implementation of actions that will ef12 fectively address the cyber security threat with— 

13 ‘‘(A) any entities potentially subject to the 

14 cyber security threat that own, control, or oper15 ate bulk-power system facilities; 

16 ‘‘(B) the Electric Reliability Organization; 

17 ‘‘(C) the Electricity Sub-sector Coordi18 nating Council (as defined in the document en19 titled ‘Homeland Security Presidential Directive 

20 7: Critical Infrastructure Identification, 

21 Prioritization, and Protection’); and 

22 ‘‘(D) officials of other Federal departments 

23 and agencies, as appropriate. 

24 ‘‘(4) COST RECOVERY.— 


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1 ‘‘(A) IN GENERAL.—The Commission shall 

2 establish a mechanism that permits owners, op3 erators, or users of the bulk-power system to 

4 seek recovery of prudently incurred costs re5 quired to implement actions ordered by the Sec6 retary under this subsection. 

7 ‘‘(B) REQUIREMENTS.—Any rate or charge 

8 approved under a mechanism established under 

9 this paragraph— 

10 ‘‘(i) shall be just and reasonable; and 

11 ‘‘(ii) shall not be unduly discrimina12 tory or preferential. 

13 ‘‘(c) DURATION OF EMERGENCY ORDERS.—An order 

14 issued by the Secretary pursuant to subsection (b) shall 

15 remain in effect for not longer than the 30-day period be16 ginning on the effective date of the order, unless, during 

17 that 30 day-period, the Secretary— 

18 ‘‘(1) provides to interested persons an oppor19 tunity to submit written data, recommendations, and 

20 arguments; and 

21 ‘‘(2) affirms, amends, or repeals the order, sub22 ject to the condition that an amended order shall not 

23 exceed a total duration of 90 days.’’. 

Æ 


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