[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Proposed Rules]
[Pages 4173-4180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01537]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM22-3-000]


Internal Network Security Monitoring for High and Medium Impact 
Bulk Electric System Cyber Systems

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes 
to direct the North American Electric Reliability Corporation to 
develop and submit for Commission approval new or modified Reliability 
Standards that require internal network security monitoring within a 
trusted Critical Infrastructure Protection networked environment for 
high and medium impact Bulk Electric System Cyber Systems.

DATES: Comments are due March 28, 2022.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways. Electronic filing through https://www.ferc.gov, is 
preferred.
    <bullet> Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
    <bullet> For those unable to file electronically, comments may be 
filed by U.S. Postal Service mail or by hand (including courier) 
delivery.
    [cir] Mail via U.S. Postal Service only: Addressed to: Federal 
Energy Regulatory Commission, Office of the Secretary, 888 First Street 
NE, Washington, DC 20426.
    [cir] For delivery via any other carrier (including courier): 
Deliver to: Federal Energy Regulatory Commission, Office of the 
Secretary, 12225 Wilkins Avenue, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:
Cesar Tapia (Technical Information), Office of Electric Reliability, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-6559, <a href="/cdn-cgi/l/email-protection#e78482948695c99386978e86a781829584c9808891"><span class="__cf_email__" data-cfemail="8cefe9ffedfea2f8edfce5edcceae9feefa2ebe3fa">[email protected]</span></a>
Kevin Ryan (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426, (202) 502-6840, <a href="/cdn-cgi/l/email-protection#cba0aebda2a5e5b9b2aaa58badaeb9a8e5aca4bd"><span class="__cf_email__" data-cfemail="026967746b6c2c707b636c42646770612c656d74">[email protected]</span></a>
Milena Yordanova (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-6194, <a href="/cdn-cgi/l/email-protection#432e2a2f262d226d3a2c3127222d2c352203252631206d242c35"><span class="__cf_email__" data-cfemail="076a6e6b626966297e6875636669687166476162756429606871">[email protected]</span></a>

SUPPLEMENTARY INFORMATION:
    1. Pursuant to section 215(d)(5) of the Federal Power Act (FPA),\1\ 
the Commission proposes to direct the North American Electric 
Reliability Corporation (NERC), the Commission-certified Electric 
Reliability Organization (ERO), to develop new or modified Reliability 
Standards that require network security monitoring internal to a 
Critical Infrastructure Protection (CIP) networked environment 
(internal network security monitoring or INSM) for high and medium 
impact Bulk Electric System (BES) Cyber Systems.\2\ INSM is a subset of 
network security monitoring that is applied within a ``trust zone,'' 
\3\ such as an Electronic Security Perimeter (ESP),\4\ and is designed 
to address situations where vendors or individuals with authorized 
access are considered secure and trustworthy but could still introduce 
a cybersecurity risk to a high or medium impact BES Cyber System.
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    \1\ 16 U.S.C. 824o(d)(5).
    \2\ Reliability Standard CIP-002-5.1a (BES Cyber System 
Categorization) sets forth criteria that registered entities apply 
to categorize BES Cyber Systems as high, medium, or low depending on 
the adverse impact that loss, compromise, or misuse of those BES 
Cyber Systems could have on the reliable operation of the BES. The 
impact level (i.e., high, medium, or low) of BES Cyber Systems, in 
turn, determines the applicability of security controls for BES 
Cyber Systems that are contained in the remaining CIP Reliability 
Standards (i.e., Reliability Standards CIP-003-8 to CIP-013-1).
    \3\ A trust zone is defined as a ``discrete computing 
environment designated for information processing, storage, and/or 
transmission that share the rigor or robustness of the applicable 
security capabilities necessary to protect the traffic transiting in 
and out of a zone and/or the information within the zone.'' U.S. 
Department of Homeland Security, Cybersecurity and Infrastructure 
Security Agency (CISA), Trusted internet Connections 3.0: Reference 
Architecture, at 2 (July 2020), https://www.cisa.gov/sites/default/files/publications/CISA_TIC%203.0%20Vol.%202%20Reference%20Architecture.pdf.
    \4\ The NERC Glossary defines an ESP as ``the logical border 
surrounding a network to which BES Cyber Systems are connected using 
a routable protocol.'' NERC, Glossary of Terms Used in NERC 
Reliability Standards (June 28, 2021), https://www.nerc.com/pa/Stand/Glossary%20of%20Terms/Glossary_of_Terms.pdf.
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    2. Although the currently effective CIP Reliability Standards offer 
a broad set of cybersecurity protections, they do not address INSM. 
This omission constitutes a gap in the CIP Reliability Standards. 
Including INSM requirements in the CIP Reliability Standards would 
ensure that responsible entities maintain visibility over 
communications between networked devices within a trust zone (i.e., 
within an ESP), not simply monitor communications at the network 
perimeter access point(s), i.e., at the boundary of an ESP as required 
by the current CIP requirements. In the event of a compromised ESP, 
improving visibility within a network would increase the probability of 
early detection of malicious activities and would allow for quicker 
mitigation and recovery from an attack. In addition to improved 
incident response capabilities and situational awareness, INSM also 
contributes to better vulnerability assessments within an ESP, all of 
which support an entity's cybersecurity defenses and could reduce the 
impact of cyberattacks.
    3. While the currently effective CIP Reliability Standards do not 
require INSM, NERC has recognized the proliferation and usefulness of 
network monitoring technology on the BES. For example, on January 4, 
2021, NERC issued a Compliance Monitoring and Enforcement Program 
(CMEP) Practice Guide addressing Network Monitoring Sensors, 
Centralized Collectors, and Information Sharing.\5\ NERC explained that 
the CMEP Practice Guide was developed in response to a U.S. Department 
of Energy (DOE) initiative ``to advance technologies and systems that 
will provide cyber visibility, detection, and response capabilities for 
[industrial control systems] of electric utilities.'' \6\ As discussed 
below, in view

[[Page 4174]]

of these and other ongoing efforts to improve network monitoring, we 
believe that there is a sufficient basis for a directive to NERC to 
require INSM in the CIP Reliability Standards for high and medium 
impact BES Cyber Systems.
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    \5\ NERC, ERO Enterprise CMEP Practice Guide: Network Monitoring 
Sensors, Centralized Collectors, and Information Sharing (June 4, 
2021), https://www.nerc.com/pa/comp/guidance/CMEPPracticeGuidesDL/CMEP%20Practice%20Guide%20-%20Network%20Monitoring%20Sensors.pdf 
(CMEP Practice Guide).
    \6\ Id. at 1.
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    4. We seek comments on all aspects of the proposed directive to 
NERC to modify the CIP Reliability Standards to require INSM for high 
and medium impact BES Cyber Systems. The proposed directive centers on 
high and medium impact BES Cyber Systems in order to improve visibility 
within networks containing BES Cyber Systems whose compromise could 
have a significant impact on the reliable operation of the BES. 
However, because low impact BES Cyber Systems have fewer security 
controls than high and medium impact BES Cyber Systems, we also seek 
comments on the usefulness and practicality of implementing INSM to 
detect malicious activity in networks with low impact BES Cyber 
Systems, including any potential benefits, technical barriers and 
associated costs.
    5. Upon review of the filed comments, the Commission will consider 
whether to broaden the directives in the final rule to direct NERC to 
require INSM in the CIP Reliability Standards for low impact BES Cyber 
Systems or a defined subset of low impact BES Cyber Systems.

I. Background

A. Section 215 and Mandatory Reliability Standards

    6. Section 215 of the FPA requires the Commission to certify an ERO 
to develop mandatory and enforceable Reliability Standards, subject to 
Commission review and approval.\7\ Once approved, the Reliability 
Standards are enforceable in the United States by the ERO, subject to 
Commission oversight, or by the Commission independently. Pursuant to 
section 215 of the FPA, the Commission established a process to select 
and certify an ERO,\8\ and subsequently certified NERC.\9\
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    \7\ 16 U.S.C. 824o.
    \8\ Rules Concerning Certification of the Electric Reliability 
Organization; and Procedures for the Establishment, Approval, and 
Enforcement of Electric Reliability Standards, Order No. 672, 71 FR 
8662 (Feb. 17, 2006), 114 FERC ] 61,104, order on reh'g, Order No. 
672-A, 71 FR 19814 (Apr. 18, 2006), 114 FERC ] 61,328 (2006).
    \9\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006), 
aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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B. Network Security Monitoring and Internal Network Security Monitoring

1. Network Security Monitoring in Currently Effective CIP Reliability 
Standards
    7. Currently, network security monitoring in the CIP Reliability 
Standards focuses on network perimeter defense and preventing 
unauthorized access at the network perimeter. While responsible 
entities are required to have a security program to implement various 
controls,\10\ Reliability Standard CIP-005-6 (Electronic Security 
Perimeter(s)), Requirement R1.5 is the only requirement that addresses 
monitoring of network traffic for malicious communications at the ESP. 
In particular, this provision requires a responsible entity to have one 
or more methods for detecting known or suspected malicious 
communications for both inbound and outbound communications. Under 
Requirement R1.5, the only locations that require network security 
monitoring are the ESP electronic access points for high and medium 
impact BES Cyber Systems at control centers. The currently effective 
CIP Reliability Standards do not require entities to have a defined ESP 
for low impact BES Cyber Systems and, therefore, there is no 
requirement for network security monitoring for inbound or outbound 
communication of such systems.
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    \10\ See, e.g., (1) network perimeter defenses (CIP-005-7, 
Requirement R1--Electronic Security Perimeter); (2) sensitive 
information control (CIP-011-2--Information Protection, CIP-004-6, 
Requirement R4--Access Management Program, and CIP-004-6, 
Requirement R5--Access Revocation); (3) anti-malware (CIP-007-6, 
Requirement R3--Malicious Code Prevention); (4) security awareness 
and training (CIP-004-6, Requirement R1--Security Awareness Program 
and CIP-004-6, Requirement R2--Cyber Security Training Program); and 
(5) configuration change management (CIP-010-4, Requirement R1--
Configuration Change Management).
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    8. The CIP Reliability Standards also require entities to install 
security monitoring tools at the device level. For instance, 
Reliability Standard CIP-007-6 (System Security Management), 
Requirement R.4.1.3 addresses security monitoring and requires the 
entity to detect malicious code for all high and medium impact BES 
Cyber Systems and their associated Electronic Access Control or 
Monitoring Systems, Physical Access Control Systems, and Protected 
Cyber Assets. To comply with Reliability Standard CIP-007-6 (Systems 
Security Management), Requirement R.4.1.3, a responsible entity is not 
required to use INSM methods, such as an intrusion detection 
system.\11\
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    \11\ Under Reliability Standard CIP-007-6, Requirement R.4.1.3, 
an entity may choose, but is not required, to use system generated 
listing of network log in/log outs, or malicious code, or other 
types of monitored network traffic at the perimeter of all high and 
medium impact BES Cyber Systems. See Reliability Standard CIP-007-6 
(Cyber Security--Systems Security Management), Requirement R.4.1.3, 
Measures (stating that examples of evidence of compliance may 
include, but are not limited to, a paper or system generated listing 
of monitored activities for which the BES Cyber System is configured 
to log and capable of detecting).
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2. Internal Network Security Monitoring
    9. INSM refers to network security monitoring inside of a trust-
zone. INSM is designed to address situations where perimeter network 
defenses are breached by providing the earliest possible alerting and 
detection of intrusions and malicious activity within a trust zone. 
INSM consists of three stages: (1) Collection; (2) detection; and (3) 
analysis that, taken together, provide the benefit of early detection 
and alerting of intrusions and malicious activity.\12\ Some of the 
tools used for INSM include: Anti-malware; Intrusion Detection Systems; 
Intrusion Prevention Systems; and firewalls.\13\ These tools are 
multipurpose and can be used for collection, detection, and analysis 
(e.g., forensics). Additionally, some of the tools (e.g., anti-malware, 
firewall, or Intrusion Prevention Systems) have the capability to block 
network traffic.
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    \12\ See Chris Sanders & Jason Smith, Applied Network Security 
Monitoring, at 9-10 (Nov. 2013).
    \13\ See NIST Special Publication 800-83, Guide to Malware 
Incident Prevention and Handling for Desktops and Laptops, at pp. 
10-13 (July 2013) (Explaining that anti-malware tools find and 
remove malware. Intrusion Detection Systems monitor a network for 
anomalous activity, which includes malicious activity or policy 
violations, and report them to security teams for further analysis. 
A firewall monitors and controls incoming and outgoing network 
traffic).
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    10. The benefits of INSM can be understood by first describing the 
way attackers commonly compromise targets. Attackers typically follow a 
systematic process of planning and execution to increase the likelihood 
of a successful compromise.\14\ This process includes: Reconnaissance 
(e.g., information gathering); choice of attack type and method of 
delivery (e.g., malware delivered through a phishing campaign); taking 
control of the entity's systems; and carrying out the attack

[[Page 4175]]

(e.g., exfiltration of project files, administrator credentials, and 
employee personal identifiable information).\15\ Successful 
cyberattacks require the attacker to gain access to a target system and 
execute commands while in that system.
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    \14\ A widely accepted cybersecurity attack framework for 
describing the process that an effective adversary typically follows 
to increase the probability of a successful compromise is referred 
to as Cyber Kill Chain. The Cyber Kill Chain provides more detail on 
the specific steps that an attacker could follow. SANS Institute, 
Applying Security Awareness to the Cyber Kill Chain, (May 2019), 
https://www.sans.org/blog/applying-security-awareness-to-the-cyber-kill-chain/.
    \15\ Id.
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    11. INSM could better position an entity to detect malicious 
activity that has circumvented perimeter controls. Because an attacker 
that moves among devices internal to a trust zone must use network 
pathways and required protocols to send malicious communications, INSM 
will potentially alert an entity of the attack and improve the entity's 
ability to stop the attack at its early phases.
    12. By providing visibility of network traffic that may only 
traverse internally within a trust zone, INSM can warn entities of an 
attack in progress. For example, properly placed, configured, and tuned 
INSM capabilities such as intrusion detection system and intrusion 
prevention system sensors could detect and/or block malicious activity 
early and alert an entity of the compromise. INSM can also be used to 
record network traffic for analysis, providing a baseline that an 
entity can use to better detect malicious activity. Establishing 
baseline network traffic allows entities to define what is and is not 
normal and expected network activity and determine whether observed 
anomalous activity warrants further investigation.\16\ The collected 
network traffic can also be retained to facilitate timely recovery and/
or perform a thorough post-incident analysis of malicious activity.
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    \16\ See CISA, Best Practices for Securing Election Systems, 
Security Tip (ST19-002), (Aug. 2021), https://www.cisa.gov/tips/st19-002.
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    13. In summary, INSM better postures an entity to detect an 
attacker in the early phases of an attack and reduces the likelihood 
that an attacker can gain a strong foothold and potential command and 
control, including operational control, on the target system. In 
addition to early detection and mitigation, INSM may improve incident 
response by providing higher quality data about the extent of an attack 
internal to a trust zone. High quality data from collected network 
traffic is important for recovering from cyberattacks as this type of 
data allows for: (1) Determining the timeframe for backup restoration; 
(2) creating a record of the attack for incident response and 
reporting; and (3) analyzing the attack itself to prevent it from 
happening again (e.g., through lessons learned that can improve 
organizational policies, processes, and playbooks).\17\ Finally, INSM 
allows entities to conduct internal assessments and prioritize any 
improvements based on their risk profile.\18\
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    \17\ Help Net Security, Three Reasons Why Ransomware Recovery 
Requires Packet Data, (Aug. 2021), https://www.helpnetsecurity.com/2021/08/24/ransomware-recovery-packet-data/.
    \18\ CISA, CISA Analysis: FY2020 Risk and Vulnerability 
Assessments, (July 2021), https://www.cisa.gov/sites/default/files/publications/FY20-RVA-Analysis_508C.pdf.
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II. Discussion

    14. As discussed below, we believe that the absence of a 
requirement to conduct INSM for CIP networked environments containing 
high and medium impact BES Cyber Systems constitutes a gap in the 
Reliability Standards. Accordingly, pursuant to section 215(d)(5) of 
the FPA, we propose to direct NERC to develop new or modified 
Reliability Standards that address the use of INSM for high and medium 
impact BES Cyber Systems. We believe that requiring entities to 
implement INSM will improve visibility and awareness of communications 
between networked devices and between devices internal to trust zones 
(i.e., ESPs), and increase the probability of detecting and mitigating 
malicious activity in the early phases of an attack.
    15. We also seek comments on the usefulness and practicality of 
implementing INSM to detect malicious activity in networks with low 
impact BES Cyber System, including any potential benefits, technical 
barriers, and associated costs. The Commission may broaden its 
directive in a final rule to include low impact BES Cyber Systems, or 
some subset of low impact BES Cyber Systems, if the filed comments 
support such a directive. While the high and medium impact categories 
have defined thresholds, the low impact category of BES Cyber Systems 
is essentially a broad group of all BES Cyber Systems that do not 
satisfy the high or medium impact thresholds. Identifying a subset of 
low impact BES Cyber Systems to which INSM provisions would apply could 
allow entities to focus their resources on the assets with a more 
significant risk profile within the broad low impact tier of BES Cyber 
Systems. For example, a subset of low impact BES Cyber Systems to which 
INSM provisions could apply may be contained within control centers and 
backup control centers, transmission stations and substations, and/or 
generation resources.\19\
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    \19\ Reliability Standard CIP-002-5.1a (Cyber Security--BES 
Cyber System Categorization), Attachment 1, Section 3 (explaining 
that low impact rating is assigned to BES Cyber Systems that, among 
other requirements, are associated with assets such as control 
centers and backup control centers, transmission stations and 
substations, generation resources, etc.).
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    16. In the following sections, we discuss: (A) Current risks to 
trusted CIP networked environments; (B) how INSM is a widely recognized 
control against cyberattacks; (C) how the absence of INSM constitutes a 
gap in the CIP Reliability Standards; and (D) how the proposed 
directive would address the gap.

A. Risks to Trusted CIP Networked Environment

    17. Currently, the NERC CIP Reliability Standards require 
monitoring of the ESP and associated systems for high and medium impact 
BES Cyber Systems. However, even when the ESP is monitored and 
protected, the CIP networked environment (i.e., trust zone) remains 
vulnerable to cyber threats like insider threats or supply chain 
attacks initiated by an adversary by infiltrating a trusted vendor, 
among other attack vectors. In the context of supply chain risk, a 
malicious update from a known software vendor could be downloaded 
directly to a server as trusted code, and it would not set-off any 
alarms until abnormal behavior occurred and was detected. Because the 
CIP networked environment is a trust zone, the compromised server in 
the trust zone could be used to install malicious updates directly onto 
devices that are internal to the CIP networked environment without 
detection. In the context of an insider threat, an employee with 
elevated administrative credentials could identify and collect data, 
add additional accounts, delete logs, or even exfiltrate data without 
being detected.
    18. For example, the recent SolarWinds attack demonstrates how an 
attacker can bypass all network perimeter-based security controls 
traditionally used to identify the early phases of an attack.\20\ On 
December 13, 2020, FireEye Inc., a cybersecurity solutions and 
forensics firm, identified a global intrusion campaign that introduced 
a compromise delivered through updates to the Orion network monitoring 
product from SolarWinds, a widely used IT infrastructure management 
software.\21\ This supply

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chain attack leveraged a trusted vendor to compromise the networks of 
public and private organizations, and it was attributed by the U.S. 
government to the Russian foreign intelligence service.\22\ SolarWinds 
customers had no reason to suspect the installation of compromised 
updates because the attacker used an authenticated SolarWinds 
certificate. This attack bypassed all network perimeter-based security 
controls traditionally used to identify the early phases of an attack.
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    \20\ See FERC, NERC, SolarWinds and Related Supply Chain 
Compromise, at 16 (July 7, 2021), https://cms.ferc.gov/media/solarwinds-and-related-supply-chain-compromise-0.
    \21\ FireEye, Global Intrusion Campaign Leverages Software 
Supply Chain Compromise, (2020), https://www.fireeye.com/blog/products-and-services/2020/12/global-intrusion-campaign-leverages-software-supply-chain-compromise.html.
    \22\ The White House, Fact Sheet: Imposing Costs for Harmful 
Foreign Activities by the Russian Government, (April 15, 2021), 
https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/15/fact-sheet-imposing-costs-for-harmful-foreign-activities-by-the-russian-government/.
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    19. The supply chain is not the only attack vector used to gain 
malicious access to a system. While not jurisdictional for purposes of 
our reliability standards, the May 2021 large-scale ransomware attack 
targeting Colonial Pipeline provides an important example of an attack 
via one such vector that could halt an entity's operations.\23\ In this 
case, the attacker gained the credentials to and exploited a legacy 
virtual private network profile that was not intended to be in use.\24\ 
Although this attack was directed at the information technology (IT) 
systems of the pipeline, Colonial Pipeline decided to shut down 
operations as a precaution.\25\ With tools such as INSM, a shutdown of 
operations may not be necessary as entities are better postured to 
timely detect and mitigate similar events in which an adversary 
successfully penetrates perimeter defenses and moves freely within the 
internal network.
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    \23\ Colonial Pipeline, Media Statement Update: Colonial 
Pipeline System Disruption (May 9, 2021), https://www.colpipe.com/news/press-releases/media-statement-colonial-pipeline-system-disruption (stating that after learning of the attack, Colonial took 
certain systems offline to contain the threat. These actions 
temporarily halted all pipeline operations and affected some of 
Colonial's IT systems) (May 9, 2021 Colonial Pipeline Media 
Statement Update); Colonial Pipeline, Media Statement Update: 
Colonial Pipeline System Disruption, (May 8, 2021), https://www.colpipe.com/news/press-releases/media-statement-colonial-pipeline-system-disruption (On May 7, 2021 Colonial Pipeline Company 
learned it was the victim of a cybersecurity attack and determined 
that the incident involved ransomware).
    \24\ Hearing Before The United States House Of Representatives 
Committee On Homeland Security (117th Congress), Testimony of Joseph 
Blount, President and Chief Executive Officer Colonial Pipeline 
Company, at 4 (June 9, 2021), https://www.congress.gov/117/meeting/house/112689/witnesses/HHRG-117-HM00-Wstate-BlountJ-20210609.pdf. 
See also Reuters, One Password Allowed Hackers to Disrupt Colonial 
Pipeline, CEO Tells Senators (June 8, 2021), https://www.reuters.com/business/colonial-pipeline-ceo-tells-senate-cyber-defenses-were-compromised-ahead-hack-2021-06-08/ (explaining that 
the legacy virtual private network had single-factor authentication, 
a password, and did not have a multi-factor authentication 
requirement in place).
    \25\ May 9, 2021 Colonial Pipeline Media Statement Update.
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    20. In addition to early detection, INSM is critical for 
identifying malicious activities at the later stages of cybersecurity 
attacks. Absent INSM, an entity may not be alerted if an adversary 
establishes a command and control communication channel that interacts 
with the compromised system on a regular basis.\26\ Once an attacker 
proceeds to the last phase of an attack, the attacker will have had 
time to compromise multiple devices, steal user credentials, and map 
the network extensively.\27\ Removing an attacker at this level of 
penetration can be time consuming (e.g., months to years), costly, and 
extremely difficult.
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    \26\ A command and control communication channel is used to 
issue instructions to the compromised devices, download additional 
malicious payloads (e.g., malware), which sit harmlessly until 
triggered, and exfiltrate data. See NSA, Cybersecurity Report: NSA/
CSS Technical Cyber Threat Framework (Nov. 2018), https://www.nsa.gov/portals/75/documents/what-we-do/cybersecurity/professional-resources/ctr-nsa-css-technical-cyber-threat-framework.pdf.
    \27\ Network mapping is used to compile an electronic inventory 
of the systems and the services on the network. See SANS Institute, 
Glossary of Terms, https://www.sans.org/security-resources/glossary-of-terms.
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    21. The serious operational consequences of such undetected 
penetration into a networked environment for the BES could include: (1) 
Loss of situational awareness monitoring; (2) loss of coordination 
capabilities during reliability events and system restoration 
activities; (3) unexpectedly large power flows; (4) loss of voice or 
data communication; (5) loss of protection systems; (6) loss of 
electric generation, transmission, or fuel supply, water supply/
coolant; (7) power market disruption; and (8) loss of Critical Energy/
Electric Infrastructure Information.\28\ For example, if an attacker 
compromises high and/or medium impact BES Cyber Systems internal to a 
CIP networked environment (i.e., trust zone) without INSM, the attacker 
could communicate with and move freely between devices within a trust 
zone with little likelihood of detection. The attacker could then 
access the Supervisory Control and Data Acquisition (SCADA) \29\ system 
and control equipment like circuit breakers \30\ dropping generating 
resources or load, and potentially causing BES instability or 
uncontrolled separation.\31\
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    \28\ SERC Reliability Corporation, 2020 SERC Reliability Risk 
Report, (Sept. 21, 2020), https://www.serc1.org/docs/default-source/committee/ec-reliability-risk-working-group/2020-reliability-risk-report.pdf?sfvrsn=e80ea39_2.
    \29\ SCADA is a system that aims to monitor and control field 
devices at remote sites. SCADA systems are critical as they help 
maintain efficiency by collecting and processing real-time data. See 
DPS Telecom, How Do SCADA Systems Work?, https://www.dpstele.com/scada/how-systems-work.php.
    \30\ A circuit breaker is an electrical switch designed to 
protect an electrical circuit from damage caused by overcurrent/
overload or short circuit. Its basic function is to interrupt 
current flow after protective relays detect a fault. See Eaton, 
Circuit Breaker Fundamentals, https://www.eaton.com/us/en-us/products/electrical-circuit-protection/circuit-breakers/circuit-breakers-fundamentals.html.
    \31\ Electricity Information Sharing and Analysis Center (E-
ISAC), Modular ICS Malware (Aug. 2017), https://www.eisac.com/cartella/Asset/00006542/TLP_WHITE_E-ISAC_SANS_Ukraine_DUC_6_Modular_ICS_Malware%20Final.pdf?parent=64412.

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B. INSM Is a Widely Recognized Control Against Cyberattacks

    22. Elements of INSM have been recognized and recommended by 
government officials and industry experts as necessary for the early 
detection and mitigation of cyberattacks. For example, on May 12, 2021, 
the President issued Executive Order No. 14028 on Improving the 
Nation's Cybersecurity,\32\ which directly addresses cyber protection 
through increased visibility and data collection.\33\ The Executive 
Order directs the Federal government and encourages the private sector 
to implement several aspects of INSM and emphasizes that the Federal 
government must improve its efforts to identify, deter, protect 
against, detect, and respond to the actions of sophisticated malicious 
actor cyber campaigns that threaten the security and privacy of the 
public sector, private sector, and the American people.\34\ Further, 
the Executive Order instructs Federal agencies, among other things, to 
modernize their approach to cybersecurity by increasing visibility into 
threats and advancing toward zero

[[Page 4177]]

trust principles; \35\ allocating resources to maximize early detection 
of cybersecurity vulnerabilities and incidents on networks; \36\ and 
collecting and maintaining information from network and system logs, as 
they are invaluable tools for investigation and remediation.\37\
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    \32\ Executive Order No. 14028, 86 FR 26633 (May 12, 2021), 
https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10460.pdf.
    \33\ The scope of protection includes systems that process data 
(i.e., information technology) and those that run the vital 
machinery that ensures safety (i.e., operational technology).
    \34\ Executive Order No. 14028, 86 FR 26633, 26635, 26643 (May 
12, 2021) (mandating that the ``Federal Government shall employ all 
appropriate resources and authorities to maximize the early 
detection of cybersecurity vulnerabilities and incidents on its 
networks'' and ``increas[e] the Federal Government's visibility into 
threats.'' The Executive Order further emphasizes that 
``cybersecurity requires more than government action'' and ``[t]he 
private sector must adapt to the continuously changing threat 
environment, ensure its products are built and operate securely, and 
partner with the Federal Government to foster a more secure 
cyberspace.'').
    \35\ Id. at 26635. Executive Order No. 14028 refers to zero 
trust architecture. Zero trust is the term for an evolving set of 
cybersecurity paradigms that move defenses from static, network-
based perimeters to focus on users, assets, and resources. A zero 
trust architecture uses zero trust principles to plan industrial and 
enterprise infrastructure and workflows. Zero trust assumes there is 
no implicit trust granted to assets or user accounts based solely on 
their physical or network location (i.e., local area networks versus 
the internet) or based on asset ownership (enterprise or personally 
owned). See generally National Institute of Standards and Technology 
(NIST), NIST Special Publication 800-207 Zero Trust Architecture, 
(Aug. 2020), https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-207.pdf (providing a general definition of zero trust 
and general information and cases where zero trust may improve an 
entity's overall cybersecurity posture).
    \36\ Executive Order No. 14028, 86 FR 26633, 26643 (May 12, 
2021).
    \37\ Id. at 26644.
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    23. In addition, on July 28, 2021, the President signed the 
National Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems (National Security Memorandum) to 
comprehensively address cybersecurity for critical infrastructure.\38\ 
The President emphasizes that ``[r]ecent high-profile attacks on 
critical infrastructure around the world, including the ransomware 
attacks on the Colonial Pipeline and JBS Foods in the United States, 
demonstrate that significant cyber vulnerabilities exist across U.S. 
critical infrastructure, which is largely owned and operated by the 
private sector.'' \39\ The National Security Memorandum established an 
Industrial Control Systems Cybersecurity Initiative (Cybersecurity 
Initiative) to facilitate the deployment of technology and systems that 
provide threat visibility, indicators, detections, and warnings.\40\ 
The Cybersecurity Initiative started with a pilot in the electricity 
sector and has wide participation, including participation by vendors 
that have implemented INSM in their products.\41\
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    \38\ National Security Memorandum on Improving Cybersecurity for 
Critical Infrastructure Control Systems, Section 2 (Industrial 
Control Systems Cybersecurity Initiative), (July 28, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/28/national-security-memorandum-on-improving-cybersecurity-for-critical-infrastructure-control-systems/ (National Security 
Memorandum). See also The White House, Fact Sheet: Biden 
Administration Announces Further Actions to Protect U.S. Critical 
Infrastructure, (July 28, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/28/fact-sheet-biden-administration-announces-further-actions-to-protect-u-s-critical-infrastructure/) (The White House July 28, 2021 Fact Sheet).
    \39\ The White House July 28, 2021 Fact Sheet. JBS is a meat 
processing company, which shut down all of its beef processing 
plants in the USA as a result of a ransomware attack. See U.S. 
Department of Agriculture, Statement from the U.S. Department of 
Agriculture on JBS USA Ransomware Attack, (June 2021), https://www.usda.gov/media/press-releases/2021/06/01/statement-us-department-agriculture-jbs-usa-ransomware-attack.
    \40\ National Security Memorandum, Section 2 (Industrial Control 
Systems Cybersecurity Initiative).
    \41\ White House July 28, 2021 Fact Sheet.
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    24. Furthermore, CISA and NIST have recommended detailed 
cybersecurity practices, which include elements of INSM, such as 
recommending that organizations conduct network baseline analysis on 
control systems and networks to understand approved communication flows 
and to monitor control systems for malicious activity on control 
systems.\42\ Similarly, CISA and the Federal Bureau of Investigation 
published a joint cybersecurity advisory in response to illicit 
activities by a Chinese group known as APT40.\43\ The activities of 
APT40 resulted in the theft of trade secrets, intellectual property, 
and other high-value information from companies and organizations in 
the United States and abroad.\44\ The joint cybersecurity advisory 
recommended deployment of INSM measures such as active scanning and 
monitoring of internet-accessible applications for unauthorized access, 
modification, and anomalous activities; logging domain name service 
queries; developing and monitoring network and system baselines to 
allow for the identification of anomalous activity; and using baseline 
comparison to monitor Windows event logs and network traffic to detect 
when a user maps a privileged administrative share on a Windows 
system.\45\
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    \42\ CISA, Critical Infrastructure Control Systems Cybersecurity 
Performance Goals and Objectives (Sept. 21, 2021), https://www.cisa.gov/control-systems-goals-and-objectives.
    \43\ Joint Cybersecurity Advisory, Tactics, Techniques, and 
Procedures of Indicted APT40 Actors Associated with China's MSS 
Hainan State Security Department, (July 19, 2021), https://www.cisa.gov/uscert/sites/default/files/publications/CSA_TTPs-of-Indicted-APT40-Actors-Associated-with-China-MSS-Hainan-State-Security-Department.pdf.
    \44\ Id. at 1.
    \45\ Id. at 4-5.
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    25. Industry and government cybersecurity experts also supported 
the use of INSM at the Commission's 2021 Annual Reliability Technical 
Conference.\46\ Panelists discussed the importance of improved 
visibility to detect cyberattacks by implementing network capabilities 
like INSM.\47\ One panelist observed that recent attacks like 
SolarWinds and Colonial Pipeline ``demonstrated how a coordinated 
attack could compromise our systems,'' and that they ``really 
underscore[] the need for heightened visibility . . . more 
comprehensive logging of events, potentially other controls that you 
know go across all asset environments, but it should be done in a risk 
based way.'' \48\ Another panelist discussed additional benefits of 
INSM, stating that monitoring and having the appropriate logs are 
essential to perform a root cause analysis and understand the sequence 
of events that occurred, and collection of data (i.e., logs), enabled 
by INSM, is also essential to gaining a deeper understanding of a 
cyberattack.\49\
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    \46\ Federal Energy Regulatory Commission, 2021 Annual 
Reliability Technical Conference, Transcript, Panel 3: Managing 
Cyber Risks in the Electric Power Sector, Docket No. AD21-11-000 
(Sept. 30, 2021), https://www.ferc.gov/news-events/events/annual-commissioner-led-reliability-technical-conference-09302021.
    \47\ Id. at 165 (Ben Miller, Vice President, Services and R&D, 
Dragos Inc.); 178:14:23 (Mark Fabro, President and Chief Security 
Scientist, Lofty Perch).
    \48\ Id. at 200 (Manny Cancel, Senior Vice President and Chief 
Executive Officer, NERC E-ISAC).
    \49\ Id. at 202:8-19 (Miller).
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C. The Absence of INSM Constitutes a Gap in the Reliability Standards

    26. While NERC's approved CIP Reliability Standards provide a broad 
set of cybersecurity protections, they do not require INSM. Currently, 
the only locations that require network security monitoring are the 
electronic access points at high and medium impact BES Cyber Systems at 
control centers. In these zones, trusted vendors or authorized 
individuals are the only users with access, but they are not subject to 
monitoring under the CIP Reliability Standards. Implementing INSM will 
help to detect and mitigate situations where malicious actors exploit 
this gap.
    27. Given the increased sophistication of cyberattacks, relying on 
network perimeter defense and other existing controls leaves trust 
zones vulnerable. As the President's Deputy National Security Advisor 
for Cyber and Emerging Technology explained ``[i]f you can't see a 
network, you can't defend a network.'' \50\ Panelists at the 
Commission's 2021 Annual Reliability Technical Conference confirmed 
this gap in the CIP Reliability Standards, explaining that there is

[[Page 4178]]

``implementation of perimeter controls and some other protective 
controls, and some planning, but there is not a concept around 
detection and monitoring.'' \51\ An estimate from a security vendor 
panelist indicates that 70% of the NERC CIP Reliability Standards are 
focused on prevention, and the remaining 30% focus on other protection 
measures, including monitoring.\52\ Panelists supported the view that 
monitoring within a trust zone is critical, underscoring the need to 
close the reliability gap in the currently effective Reliability 
Standards.\53\ This is particularly important as the energy sector 
undergoes a digital transformation, which creates new cyber threat 
pathways.\54\
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    \50\ The White House, Press Briefing by Press Secretary Jen 
Psaki and Deputy National Security Advisor for Cyber and Emerging 
Technology Anne Neuberger, (Feb. 17, 2021), https://www.whitehouse.gov/briefing-room/press-briefings/2021/02/17/press-briefing-by-press-secretary-jen-psaki-and-deputy-national-security-advisor-for-cyber-and-emerging-technology-anne-neuberger-february-17-2021/.
    \51\ 2021 Annual Reliability Technical Conference, Tr. 201:20-
25; 202:1-7 (Miller).
    \52\ Id.
    \53\ Id. at 202:22-23 (Tony Hall, Manager, CIP Program, 
Louisville Gas and Electric Company and Kentucky Utilities Company).
    \54\ Id. at 170:24-25; 171:1 (Puesh Kumar, Acting Principal 
Deputy Assistant Secretary, Office of Cybersecurity, Energy 
Security, and Emergency Response, U.S. Department of Energy).
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    28. NERC facilitated the voluntary use of INSM in its CMEP Practice 
Guide, which provides guidance on how to incorporate network sensors in 
the ESP while being compliant with the CIP Reliability Standards. These 
network sensors enable entities to use INSM, if they choose, and 
support implementation of the Essence Cybersecurity Tool.\55\ However, 
the CMEP Practice Guide does not modify the CIP Reliability Standards 
to require INSM, leaving unaddressed the cybersecurity gap within trust 
zones.
---------------------------------------------------------------------------

    \55\ National Rural Electric Cooperative Association (NRECA), 
DOE Awards NRECA $6M to Take Essence Cybersecurity Tool to the Next 
Level (Sept. 29, 2020), https://www.electric.coop/doe-gives-nreca-6m-to-take-essence-cybersecurity-tool-to-the-next-level; NRECA, New 
Cyber Technology Provides Real-Time Defense (March 15, 2021), 
https://www.electric.coop/new-essence-cyber-technology-provides-real-time-defense.
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D. The Commission Proposed Directive Addresses the Identified 
Reliability Gap

    29. Pursuant to section 215(d)(5) of the FPA, we propose to direct 
NERC to develop new or modified CIP Reliability Standards that require 
security controls for INSM for high and medium impact BES Cyber 
Systems. Based on the current threat environment discussed above, a 
requirement for INSM that augments existing perimeter defenses is 
critical to increasing network visibility so that an entity may 
understand what is occurring in its CIP networked environment, and thus 
improve capability to timely detect potential compromises. INSM also 
allows for the collection of data and analysis required to implement a 
defense strategy, improves an entity's incident investigation 
capabilities, and increases the likelihood that an entity can better 
protect itself from a future cyberattack and address any security gaps 
the attacker was able to exploit.
    30. The proposal to direct NERC to add an INSM requirement to the 
existing set of CIP Reliability Standard is also consistent with 
Executive Order No. 14028, which calls for employing a zero trust 
cybersecurity approach, and the objectives of the President's July 2021 
Cybersecurity Initiative targeting deployment of control system 
cybersecurity technologies in the electricity and other critical 
sectors. INSM is a fundamental element of the zero trust approach and 
should improve the cybersecurity posture of responsible entities with 
high and medium impact BES Cyber Systems.
1. High and Medium Impact BES Cyber Systems
    31. To address the reliability gap and improve cybersecurity, we 
propose to direct that NERC, as the ERO, develop new or modified CIP 
Reliability Standards requiring that applicable responsible entities 
implement INSM for their high and medium impact BES Cyber Systems. Such 
new or modified Reliability Standards should address the following 
three security objectives that pertain to INSM. First, any new or 
modified CIP Reliability Standards should address the need for each 
responsible entity to develop a baseline for their network traffic by 
analyzing expected network traffic and data flows for security 
purposes. This objective reduces the likelihood that an attacker could 
exploit legitimate cyber resources to: (1) Escalate privileges, i.e., 
exploit software vulnerability to gain administrator account 
privileges; (2) move undetected inside a CIP networked environment 
(i.e., trust zone); and (3) execute unauthorized code, e.g., a virus or 
ransomware. Second, any new or modified CIP Reliability Standards 
should address the need for responsible entities to monitor for and 
detect unauthorized activity, connections, devices, and software inside 
the CIP networked environment (i.e., trust zone). This objective 
reduces detection time, which shortens the time an attacker has to 
leverage compromised user accounts and traverse over unmonitored 
network connections. And third, any new or modified CIP Reliability 
Standards should address the ability to support operations and response 
by requiring responsible entities to: (1) Log and packet capture \56\ 
network traffic; (2) maintain sufficient records to support incident 
investigation (i.e., monitoring, collecting, and analyzing current and 
historical evidence); and (3) implement measures to minimize the 
likelihood of an attacker removing evidence of their Tactics, 
Techniques, and Procedures (TTPs) \57\ from compromised devices. 
Logging, including packet capture, of network traffic is critical for a 
responsible entity to assess the severity of the attack, assess the 
scope of systems compromised, and devise appropriate mitigations.
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    \56\ Packet capture allows information to be intercepted in 
real-time and stored for long term or short-term analysis, this 
providing a network defender greater insight into a network. Packet 
captures provide context to security events, such as intrusion 
detection system alerts. See CISA, National Cybersecurity Protection 
System Cloud Interface Reference Architecture, Volume 1, General 
Guidance, at 13,25, (July 2020), https://www.cisa.gov/sites/default/files/publications/CISA_NCPS_Cloud_Interface_RA_Volume-1.pdf.
    \57\ TTPs describe the behavior of an actor. Tactics are high-
level descriptions of behavior, techniques are detailed descriptions 
of behavior in the context of a tactic, and procedures are even 
lower-level, highly detailed descriptions in the context of a 
technique. TTPs could describe an actor's tendency to use a specific 
malware variant, order of operations, attack tool, delivery 
mechanism (e.g., phishing or watering hole attack), or exploit. See, 
NIST, NIST Special Publication 800-150: Guide to Cyber Threat 
Information Sharing, (Oct. 2016), https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-150.pdf.
---------------------------------------------------------------------------

    32. We seek comments on all aspects of the proposed directive, 
including the three objectives discussed above. In particular, we seek 
comments on: (1) What are the potential challenges to implementing INSM 
(e.g., cost, availability of specialized resources, and documenting 
compliance); (2) what capabilities (e.g., software, hardware, staff, 
and services) are appropriate for INSM to meet the security objectives 
described above; (3) are the security objectives for INSM described 
above necessary and sufficient and, if not sufficient, what are other 
pertinent objectives that would support the goal of a having 
responsible entities successfully implement INSM; and (4) what is a 
reasonable timeframe for expeditiously developing and implementing 
Reliability Standards for INSM given the importance of addressing this 
reliability gap?
2. Low Impact BES Cyber Systems
    33. While our proposal is centered on high and medium impact BES 
Cyber Systems, we also seek comments on the usefulness and practicality 
of implementing INSM to detect malicious activity in networks with low 
impact BES Cyber Systems, including any

[[Page 4179]]

potential benefits, technical barriers and associated costs. In 
particular, we seek comments on whether the same risks associated with 
high and medium impact BES Cyber Systems apply to low impact BES Cyber 
Systems. Those risks could include: (1) Escalating privileges; (2) 
moving inside the CIP networked environment (i.e., trust zone); and (3) 
executing unauthorized code. To the extent such risks exist, we seek 
comment on the appropriate scope of coverage for INSM needed to meet 
the security objectives listed above for low impact BES Cyber Systems.
    34. As discussed above, there may be benefits to having INSM 
requirements apply to a defined subset of low impact BES Cyber Systems. 
To better understand the potential benefits of such an approach, we 
first seek comment on possible criteria or methodology for identifying 
an appropriate subset of low impact BES Cyber Systems that could 
benefit from INSM. For example, should the subset focus on low impact 
BES Cyber Systems located at assets strategic for the reliable 
operation of the BES, such as control centers and backup control 
centers, transmission stations and substations, and/or generation 
resources. Second, we seek comment on the potential benefits or 
drawbacks of defining a subset of low impact BES Cyber Systems. For 
example, would focusing resources on the assets with a more significant 
risk profile within the broad low impact tier of BES Cyber Systems 
improve an entity's risk profile and avoid situations where an attacker 
exploits legitimate cyber resources without timely detection and 
response. Third, as discussed above, there are currently no CIP 
requirements for low impact BES Cyber Systems for monitoring 
communications at the ESP.\58\ Would it make sense to require INSM when 
perimeter monitoring is not required? Would it be appropriate to 
address both perimeter monitoring and INSM for low impact BES Cyber 
Systems?
---------------------------------------------------------------------------

    \58\ See supra Para. 7.
---------------------------------------------------------------------------

III. Information Collection Statement

    35. The information collection requirements contained in this 
Notice of Proposed Rulemaking are subject to review by the Office of 
Management and Budget (OMB) under section 3507(d) of the Paperwork 
Reduction Act of 1995.\59\ OMB's regulations require approval of 
certain information collection requirements imposed by agency 
rules.\60\ Upon approval of a collection of information, OMB will 
assign an OMB control number and expiration date. Respondents subject 
to the filing requirements of this rule will not be penalized for 
failing to respond to this collection of information unless the 
collection of information displays a valid OMB control number. Comments 
are solicited on the Commission's need for the information proposed to 
be reported, whether the information will have practical utility, ways 
to enhance the quality, utility, and clarity of the information to be 
collected, and any suggested methods for minimizing the respondent's 
burden, including the use of automated information techniques.
---------------------------------------------------------------------------

    \59\ 44 U.S.C. 3507(d).
    \60\ 5 CFR 1320.11 (2021).
---------------------------------------------------------------------------

    36. The proposal to direct NERC to develop new, or to modify 
existing, reliability standards (and the corresponding burden) are 
covered by, and already included in, the existing OMB-approved 
information collection FERC-725 (Certification of Electric Reliability 
Organization; Procedures for Electric Reliability Standards; OMB 
Control No. 1902-0225),\61\ under Reliability Standards 
Development.\62\ The reporting requirements in FERC-725 include the 
ERO's overall responsibility for developing Reliability Standards, such 
as any Reliability Standards that relate to internal network security 
monitoring for high and medium impact BES Cyber Systems.
---------------------------------------------------------------------------

    \61\ Another item for FERC-725 is pending review at this time, 
and only one item per OMB Control No. can be pending OMB review at a 
time. In order to submit this NOPR timely to OMB, we are using FERC-
725(1B) (a temporary, placeholder information collection number).
    \62\ Reliability Standards Development as described in FERC-725 
covers standards development initiated by NERC, the Regional 
Entities, and industry, as well as standards the Commission may 
direct NERC to develop or modify.
---------------------------------------------------------------------------

IV. Environmental Analysis

    37. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\63\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included in the exclusion are rules that are clarifying, 
corrective, or procedural or that do not substantially change the 
effect of the regulations being amended.\64\ The actions proposed 
herein fall within this categorical exclusion in the Commission's 
regulations.
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    \63\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987) 
(cross-referenced at 41 FERC ] 61,284).
    \64\ 18 CFR 380.4(a)(2)(ii) (2021).
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V. Regulatory Flexibility Act Analysis

    38. The Regulatory Flexibility Act of 1980 (RFA) \65\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \65\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    39. We are proposing only to direct NERC, the Commission-certified 
ERO, to develop modified Reliability Standards that require internal 
network security monitoring within a trusted Critical Infrastructure 
Protection networked environment for high and medium impact BES Cyber 
Systems.\66\ Therefore, this Notice of Proposed Rulemaking will not 
have a significant or substantial impact on entities other than NERC. 
Consequently, the Commission certifies that this Notice of Proposed 
Rulemaking will not have a significant economic impact on a substantial 
number of small entities. Any Reliability Standards proposed by NERC in 
compliance with this rulemaking will be considered by the Commission in 
future proceedings. As part of any future proceedings, the Commission 
will make determinations pertaining to the Regulatory Flexibility Act 
based on the content of the Reliability Standards proposed by NERC.
---------------------------------------------------------------------------

    \66\ Cf. Cyber Security Incident Reporting Reliability 
Standards, Notice of Proposed Rulemaking, 82 FR 61499 (Dec. 28, 
2017), 161 FERC ] 61,291 (2017) (proposing to direct NERC to develop 
and submit modifications to the NERC Reliability Standards to 
improve mandatory reporting of Cyber Security Incidents, including 
incidents that might facilitate subsequent efforts to harm the 
reliable operation of the BES).
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V. Comment Procedures

    40. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this Notice of Proposed Rulemaking 
to be adopted, including any related matters or alternative proposals 
that commenters may wish to discuss. Comments are due March 28, 2022. 
Comments must refer to Docket No. RM22-3-000, and must include the 
commenter's name, the organization they represent, if applicable, and 
address in their comments. All comments will be placed in the 
Commission's public files and may be viewed, printed, or downloaded 
remotely as described in the Document Availability section below. 
Commenters on this proposal are not required to serve copies of their 
comments on other commenters.
    41. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's website at http://www.ferc.gov. The

[[Page 4180]]

Commission accepts most standard word processing formats. Documents 
created electronically using word processing software must be filed in 
native applications or print-to-PDF format and not in a scanned format. 
Commenters filing electronically do not need to make a paper filing.
    42. Commenters that are not able to file comments electronically 
may file an original of their comment by USPS mail or by courier- or 
other delivery services. For submission sent via USPS only, filings 
should be mailed to: Federal Energy Regulatory Commission, Office of 
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of 
filings other than by USPS should be delivered to: Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

VI. Document Availability

    43. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (http://www.ferc.gov). At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the President's March 13, 2020 
proclamation declaring a National Emergency concerning the Novel 
Coronavirus Disease (COVID-19).
    44. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    45. User assistance is available for eLibrary and the Commission's 
website during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
<a href="/cdn-cgi/l/email-protection#4b2d2e392824252722252e383e3b3b24393f0b2d2e3928652c243d"><span class="__cf_email__" data-cfemail="9bfdfee9f8f4f5f7f2f5fee8eeebebf4e9efdbfdfee9f8b5fcf4ed">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at 
<a href="/cdn-cgi/l/email-protection#c9b9bcaba5a0aae7bbacafacbbaca7aaacbba6a6a489afacbbaae7aea6bf"><span class="__cf_email__" data-cfemail="8dfdf8efe1e4eea3ffe8ebe8ffe8e3eee8ffe2e2e0cdebe8ffeea3eae2fb">[email protected]</span></a>.

    By direction of the Commission.

    Issued: January 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-01537 Filed 1-26-22; 8:45 am]
BILLING CODE 6717-01-P


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