or hearing if the Commission determines the rule or 
order must be issued immediately to protect critical 
electric infrastructure from a cyber security vulner-
ability. 
‘‘(3) CONSULTATION.—Before issuing a rule or 
order under paragraph (2), to the extent practicable, 
taking into account the nature of the threat and ur-
gency of need for action, the Commission shall consult 
with the entities described in subsection (e)(1) and 
with officials at other Federal agencies, as appro-
priate, regarding implementation of actions that will 
effectively address the identified cyber security 
vulnerabilities. 
‘‘(4) TERMINATION OF RULES OR ORDERS.—A 
rule or order issued to address a cyber security vul-
nerability under this subsection shall expire on the ef-
fective date of a standard developed and approved 
pursuant to section 215 to address the cyber security 
vulnerability. 
‘‘(c) EMERGENCY AUTHORITY OF SECRETARY.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that immediate action is necessary to protect critical 
electric infrastructure from a cyber security threat, 
the Secretary may require, by order, with or without 
notice, persons subject to the jurisdiction of the Com-
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mission under this section to take such actions as the 
Secretary determines will best avert or mitigate the 
cyber security threat. 
‘‘(2) COORDINATION
WITH
CANADA
AND
MEX-
ICO.—In exercising the authority granted under this 
subsection, the Secretary is encouraged to consult and 
coordinate with the appropriate officials in Canada 
and Mexico responsible for the protection of cyber se-
curity of the interconnected North American elec-
tricity grid. 
‘‘(3) CONSULTATION.—Before exercising the au-
thority granted under this subsection, to the extent 
practicable, taking into account the nature of the 
threat and urgency of need for action, the Secretary 
shall consult with the entities described in subsection 
(e)(1) and with officials at other Federal agencies, as 
appropriate, regarding implementation of actions 
that will effectively address the identified cyber secu-
rity threat. 
‘‘(4) COST
RECOVERY.—The Commission shall 
establish a mechanism that permits public utilities to 
recover prudently incurred costs required to imple-
ment immediate actions ordered by the Secretary 
under this subsection. 
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‘‘(d) DURATION
OF
EXPEDITED
OR
EMERGENCY 
RULES OR ORDERS.—Any rule or order issued by the Com-
mission without prior notice or hearing under subsection 
(b)(2) or any order issued by the Secretary under subsection 
(c) shall remain effective for not more than 90 days unless, 
during the 90 day-period, the Commission— 
‘‘(1) gives interested persons an opportunity to 
submit written data, views, or arguments (with or 
without opportunity for oral presentation); and 
‘‘(2) affirms, amends, or repeals the rule or 
order. 
‘‘(e) JURISDICTION.— 
‘‘(1) IN GENERAL.—Notwithstanding section 201, 
this section shall apply to any entity that owns, con-
trols, or operates critical electric infrastructure. 
‘‘(2) COVERED ENTITIES.— 
‘‘(A) IN GENERAL.—An entity described in 
paragraph (1) shall be subject to the jurisdiction 
of the Commission for purposes of— 
‘‘(i) carrying out this section; and 
‘‘(ii) applying the enforcement authori-
ties of this Act with respect to this section. 
‘‘(B) JURISDICTION.—This subsection shall 
not make an electric utility or any other entity 
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subject to the jurisdiction of the Commission for 
any other purpose. 
‘‘(3) ALASKA AND HAWAII EXCLUDED.—Except 
as provided in subsection (f), nothing in this section 
shall apply in the State of Alaska or Hawaii. 
‘‘(f) DEFENSE FACILITIES.—Not later than 1 year 
after the date of enactment of this section, the Secretary 
of Defense shall prepare, in consultation with the Secretary, 
the States of Alaska and Hawaii, the Territory of Guam, 
and the electric utilities that serve national defense facilities 
in those States and Territory, a comprehensive plan that 
identifies the emergency measures or actions that will be 
taken to protect the reliability of the electric power supply 
of the national defense facilities located in those States and 
Territory in the event of an imminent cybersecurity threat. 
‘‘(g) PROTECTION
OF CRITICAL ELECTRIC INFRA-
STRUCTURE INFORMATION.— 
‘‘(1) IN GENERAL.—Section 214 of the Critical 
Infrastructure Information Act of 2002 (6 U.S.C. 
133) shall apply to critical electric infrastructure in-
formation submitted to the Commission or the Sec-
retary under this section to the same extent as that 
section applies to critical infrastructure information 
voluntarily submitted to the Department of Homeland 
Security under that Act (6 U.S.C. 131 et seq.). 
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