standard and may impose a penalty against a user, 
owner, or operator of an energy pipeline if the Com-
mission finds, after notice and opportunity for a 
hearing, that the user, owner, or operator of the en-
ergy pipeline has engaged or is about to engage in 
any acts or practices that constitute or will con-
stitute a violation of an energy product reliability 
standard. 
(4) PROTECTION OF INFORMATION.—Any no-
tice of enforcement or record pertaining to a viola-
tion of an energy product reliability standard relat-
ing to cybersecurity submitted to the Commission 
shall be deemed to be critical electric infrastructure 
information (as defined in section 215A of the Fed-
eral Power Act (16 U.S.C. 824o–1)). 
(5) EPRO 
COMPLIANCE.—The Commission 
may take such action as is necessary or appropriate 
against the Energy Product Reliability Organization 
to ensure compliance with an energy product reli-
ability standard or any Commission order affecting 
the Energy Product Reliability Organization. 
(6) CONSIDERATIONS.—Any penalty imposed 
under this section shall bear a reasonable relation to 
the seriousness of the violation and shall take into 
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consideration the efforts of the user, owner, or oper-
ator to remedy the violation in a timely manner. 
(h) CHANGES IN EPRO RULES.—The Energy Prod-
uct Reliability Organization shall, with respect to the rules 
of the Energy Product Reliability Organization, file with 
the Commission for approval any proposed rule or pro-
posed rule change, accompanied by an explanation of its 
basis and purpose. The Commission, upon its own motion 
or complaint, may propose a change to the rules of the 
Energy Product Reliability Organization. A proposed rule 
or proposed rule change shall take effect upon a finding 
by the Commission, after notice and opportunity for com-
ment, that the change is just, reasonable, not unduly dis-
criminatory or preferential, is in the public interest, and 
satisfies the requirements of subsection (d). 
(i) RELIABILITY REPORTS.—The Energy Product 
Reliability Organization shall conduct and submit to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate periodic assessments of the 
reliable delivery of energy products through energy pipe-
lines in North America. 
(j) SAVINGS PROVISIONS.— 
(1) CONSTRUCTION.—This section does not au-
thorize the Energy Product Reliability Organization 
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or the Commission to order the construction of addi-
tional energy pipelines or to set and enforce compli-
ance with standards for adequacy or safety of energy 
pipelines or services. 
(2) STATE AUTHORITY.— 
(A) IN GENERAL.—Nothing in this section 
shall be construed to preempt any authority of 
any State to take action to ensure the reliable 
delivery of energy products through energy 
pipelines within that State, as long as such ac-
tion is not inconsistent with any energy product 
reliability standard. 
(B) STATE
ACTION.—Not later than 90 
days after the application of the Energy Prod-
uct Reliability Organization or other affected 
party, and after notice and opportunity for 
comment, the Commission shall issue a final 
order determining whether a State action is in-
consistent with an energy product reliability 
standard, taking into consideration any rec-
ommendation of the Energy Product Reliability 
Organization. 
(C) STAY OF EFFECTIVENESS.—The Com-
mission, after consultation with the Energy 
Product Reliability Organization and the State 
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taking action, may stay the effectiveness of any 
State 
action, 
pending 
the 
Commission’s 
issuance of a final order. 
Æ 
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