‘‘(B) appropriately balance the risks asso-
ciated with a reasonably foreseeable attack or 
event, including any regional variation in such 
risks, and the costs of ensuring adequate avail-
ability of spare transformers. 
‘‘(d) CRITICAL DEFENSE FACILITIES.— 
‘‘(1) DESIGNATION.—Not later than 180 days 
after the date of enactment of this section, the 
President shall designate, in a written directive or 
determination provided to the Commission, the fa-
cilities located in the United States (including the 
territories) that are— 
‘‘(A) most critical to the defense of the 
United States; and 
‘‘(B) most vulnerable to a disruption of the 
supply of electric energy provided to such facil-
ity by an external provider. 
The number of facilities designated by such directive 
or determination shall not exceed 100. The Presi-
dent may periodically revise the list of designated fa-
cilities through a subsequent written directive or de-
termination provided to the Commission, provided 
that the total number of designated facilities at any 
time shall not exceed 100. 
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‘‘(2) COMMISSION AUTHORITY.—If the Commis-
sion identifies a defense critical electric infrastruc-
ture vulnerability that the Commission, in consulta-
tion with owners and operators of any facility or fa-
cilities designated by the President pursuant to 
paragraph (1), determines has not adequately been 
addressed through measures undertaken by owners 
or operators of defense critical electric infrastruc-
ture, the Commission shall, after notice and an op-
portunity for comment and after consultation with 
the Secretary and other appropriate Federal agen-
cies, promulgate a rule or issue an order requiring 
implementation, by any owner or operator of defense 
critical electric infrastructure, of measures to protect 
the defense critical electric infrastructure against 
such vulnerability. The Commission shall exempt 
from any such rule or order any specific defense 
critical electric infrastructure that the Commission 
determines already has been adequately protected 
against the identified vulnerability. The Commission 
shall make any such determination in consultation 
with the owner or operator of the facility designated 
by the President pursuant to paragraph (1) that re-
lies upon such defense critical electric infrastructure. 
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‘‘(3) COST RECOVERY.—An owner or operator 
of defense critical electric infrastructure shall be re-
quired to take measures under paragraph (2) only to 
the extent that the owners or operators of a facility 
or facilities designated by the President pursuant to 
paragraph (1) that rely upon such infrastructure 
agree to bear the full incremental costs of compli-
ance with a rule promulgated or order issued under 
paragraph (2). 
‘‘(e) PROTECTION OF INFORMATION.— 
‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF 
PROTECTED
INFORMATION.—Protected 
informa-
tion— 
‘‘(A) shall be exempt from disclosure under 
section 552 of title 5, United States Code; and 
‘‘(B) shall not be made available pursuant 
to any State, local, or tribal law requiring dis-
closure of information or records. 
‘‘(2) INFORMATION SHARING.— 
‘‘(A) IN
GENERAL.—Consistent with the 
Controlled Unclassified Information framework 
established by the President, the Commission 
shall promulgate such regulations and issue 
such orders as necessary to designate protected 
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information and to prohibit the unauthorized 
disclosure of such protected information. 
‘‘(B) SHARING OF PROTECTED INFORMA-
TION.—The regulations promulgated and orders 
issued pursuant to subparagraph (A) shall pro-
vide standards for and facilitate the appropriate 
sharing of protected information with, between, 
and by Federal, State, local, and tribal authori-
ties, the Electric Reliability Organization, re-
gional entities, and owners, operators, and 
users of the bulk-power system in the United 
States and of defense critical electric infrastruc-
ture. In promulgating such regulations and 
issuing such orders, the Commission shall take 
account of the role of State commissions in re-
viewing the prudence and cost of investments 
within their respective jurisdictions. The Com-
mission shall consult with appropriate Canadian 
and Mexican authorities to develop protocols for 
the sharing of protected information with, be-
tween, and by appropriate Canadian and Mexi-
can authorities and owners, operators, and 
users of the bulk-power system outside the 
United States. 
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