FERC-725B, (Final Rule in RM21-3) Mandatory Reliability Standards for Critical Infrastructure Protection [CIP] Reliability Standards)

ICR 202012-1902-001

OMB: 1902-0248

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-02-12
Supplementary Document
2021-02-12
Supplementary Document
2021-02-17
Supporting Statement A
2021-02-12
Supplementary Document
2021-02-12
Supplementary Document
2021-02-12
ICR Details
1902-0248 202012-1902-001
Received in OIRA 202002-1902-002
FERC FERC-725B
FERC-725B, (Final Rule in RM21-3) Mandatory Reliability Standards for Critical Infrastructure Protection [CIP] Reliability Standards)
Revision of a currently approved collection   No
Regular 02/17/2021
  Requested Previously Approved
36 Months From Approved 12/31/2021
223,895 224,800
2,044,626 2,119,709
0 0

NOPR 21-3 is set out to ensure that a public utility receiving incentive rate treatment has implemented the requirements for the incentive and to ensure that it continues to adhere to these requirements, we propose to add § 35.48(f) to the Commission’s regulations to require public utilities to submit annual informational filings with the Commission. We propose specific reporting requirements for each of the NERC CIP Incentives Approach and the NIST Framework Approach The Transmission Incentives NOPR proposes additional reporting requirements for recipients of transmission incentives under FPA section 219. Such additional reporting is likewise appropriate for cybersecurity upgrades receiving incentives. Accordingly, we propose to add § 35.48(f) to require that, within 120 days of the completion of cybersecurity upgrades for which an applicant is granted incentives, an incentives recipient must make an informational filing and subsequent informational filings annually thereafter. The annual informational filings must detail the specific investments that were made pursuant to the Commission’s approval and the corresponding FERC account(s) used. In addition, the annual informational filings must describe what parts of its network were upgraded or expanded (i.e., which substations, control centers, automated and continuous monitoring equipment) in addition to the nature (i.e., describing hardware purchase) and actual cost of the various capital investments. For incentives where the Commission allows deferral of expenses as regulatory assets, annual informational filings should describe such expenses in sufficient detail to demonstrate that such expenses are specifically related to implementing the cybersecurity incentives described in this NOPR and not for ongoing costs including system maintenance, surveillance, and other labor costs, either in the form of employee salaries or third-party service contracts.We preliminarily find that the proposed reporting requirements are necessary to provide the Commission with an understanding of the costs of various types of cybersecurity investments in order to more precisely target future incentives or other policies. However, based on the qualities of such investments, as well as the likely higher sensitivity of the information, we propose to require different reporting requirements under this proposal than those proposed under the Transmission Incentives NOPR. Several aspects of cybersecurity necessitate reporting different information that the Commission has required for conventional transmission facilities receiving incentives pursuant to FPA section 219. First, cybersecurity investments are not observable. Unlike conventional transmission facilities, such as a new transmission line, it is not readily apparent if, and when, such investments are completed and serving customers. Therefore, it is important to confirm the completion of cybersecurity investments by establishing additional reporting requirements. Second, certain cybersecurity investments may require public utilities to undertake subsequent actions or make expenditures to maintain the status for which they receive incentives. Annual reports enable public utilities to demonstrate that they have undertaken such actions or expenditures.Finally, we propose that both the initial and annual informational filings provide a summary of the costs incurred to achieve the higher level of security, including supporting documentation that provides a narrative explanation of the nature of the expenses proposed for deferred cost recovery, and inclusion in rate base as a regulatory asset, including the specific accounts (under the Commission’s Uniform System of Accounts) initially charged for the incurred expenses.

PL: Pub.L. 109 - 58 1211, Title XII, Subtitle A Name of Law: Energy Policy Act of 2005
   US Code: 16 USC 824o Name of Law: Federal Power Act
  
None

1902-AF76 Proposed rulemaking 86 FR 8309 02/05/2021

No

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 223,895 224,800 0 20 -925 0
Annual Time Burden (Hours) 2,044,626 2,119,709 0 1,600 -76,683 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
NOPR 21-3 has a voluntary increase projected of 20 fillings per year that will increase the current burden for all CIP standards

$6,475
No
    No
    No
No
No
No
No
Kayla Williams 410 786-5887 [email protected]

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
02/17/2021


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