‘‘(A) that was developed or submitted in 
connection with the implementation of this sec-
tion; 
‘‘(B) that specifically discusses grid secu-
rity threats, grid security vulnerabilities, de-
fense 
critical 
electric 
infrastructure 
vulnerabilities, or plans, procedures, or meas-
ures to address such threats or vulnerabilities; 
and 
‘‘(C) the unauthorized disclosure of which 
could be used in a malicious manner to impair 
the reliability of the bulk-power system or of 
defense critical electric infrastructure. 
‘‘(10) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Energy. 
‘‘(11) SECURITY.—The definition of ‘security’ 
in section 3(16) shall not apply to the provisions in 
this section. 
‘‘(b) EMERGENCY RESPONSE MEASURES.— 
‘‘(1) AUTHORITY TO ADDRESS GRID SECURITY 
THREATS.—Whenever the President issues and pro-
vides to the Commission (either directly or through 
the Secretary) a written directive or determination 
identifying an imminent grid security threat, the 
Commission may, with or without notice, hearing, or 
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report, issue such orders for emergency measures as 
are necessary in its judgment to protect the reli-
ability of the bulk-power system or of defense critical 
electric infrastructure against such threat. As soon 
as practicable but not later than 180 days after the 
date of enactment of this section, the Commission 
shall, after notice and opportunity for comment, es-
tablish rules of procedure that ensure that such au-
thority can be exercised expeditiously. 
‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 
the President issues and provides to the Commission 
(either directly or through the Secretary) a written 
directive or determination under paragraph (1), the 
President (or the Secretary, as the case may be) 
shall promptly notify congressional committees of 
relevant jurisdiction, including the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate, of the contents of, and jus-
tification for, such directive or determination. 
‘‘(3) CONSULTATION.—Before issuing an order 
for emergency measures under paragraph (1), the 
Commission shall, to the extent practicable in light 
of the nature of the grid security threat and the ur-
gency of the need for such emergency measures, con-
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sult with appropriate governmental authorities in 
Canada and Mexico, entities described in paragraph 
(4), the Secretary, and other appropriate Federal 
agencies regarding implementation of such emer-
gency measures. 
‘‘(4) APPLICATION.—An order for emergency 
measures under this subsection may apply to— 
‘‘(A) the Electric Reliability Organization; 
‘‘(B) a regional entity; or 
‘‘(C) any owner, user, or operator of the 
bulk-power system or of defense critical electric 
infrastructure within the United States. 
‘‘(5) DISCONTINUANCE.—The Commission shall 
issue an order discontinuing any emergency meas-
ures ordered under this subsection, effective not 
later than 30 days after the earliest of the following: 
‘‘(A) The date upon which the President 
issues and provides to the Commission (either 
directly or through the Secretary) a written di-
rective or determination that the grid security 
threat identified under paragraph (1) no longer 
exists. 
‘‘(B) The date upon which the Commission 
issues a written determination that the emer-
gency measures are no longer needed to address 
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the grid security threat identified under para-
graph (1), including by means of Commission 
approval of a reliability standard under section 
215 that the Commission determines adequately 
addresses such threat. 
‘‘(C) The date that is 1 year after the 
issuance of an order under paragraph (1). 
‘‘(6) COST RECOVERY.—If the Commission de-
termines that owners, operators, or users of the 
bulk-power system or of defense critical electric in-
frastructure have incurred substantial costs to com-
ply with an order under this subsection and that 
such costs were prudently incurred and cannot rea-
sonably be recovered through regulated rates or 
market prices for the electric energy or services sold 
by such owners, operators, or users, the Commission 
shall, after notice and an opportunity for comment, 
establish a mechanism that permits such owners, op-
erators, or users to recover such costs. 
‘‘(c) MEASURES
TO
ADDRESS
GRID
SECURITY 
VULNERABILITIES.— 
‘‘(1) COMMISSION AUTHORITY.—If the Commis-
sion, in consultation with appropriate Federal agen-
cies, identifies a grid security vulnerability that the 
Commission determines has not adequately been ad-
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dressed through a reliability standard developed and 
approved under section 215, the Commission shall, 
after notice and opportunity for comment and after 
consultation with the Secretary, other appropriate 
Federal agencies, and appropriate governmental au-
thorities in Canada and Mexico, promulgate a rule 
or issue an order requiring implementation, by any 
owner, operator, or user of the bulk-power system in 
the United States, of measures to protect the bulk- 
power system against such vulnerability. Before pro-
mulgating a rule or issuing an order under this 
paragraph, the Commission shall, to the extent prac-
ticable in light of the urgency of the need for action 
to address the grid security vulnerability, request 
and consider recommendations from the Electric Re-
liability Organization regarding such rule or order. 
The Commission may establish an appropriate dead-
line for the submission of such recommendations. 
‘‘(2) 
CERTAIN
EXISTING
CYBERSECURITY 
VULNERABILITIES.—Not later than 180 days after 
the date of enactment of this section, the Commis-
sion shall, after notice and opportunity for comment 
and after consultation with the Secretary, other ap-
propriate Federal agencies, and appropriate govern-
mental authorities in Canada and Mexico, promul-
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