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Senate Bipartisan Committee Passes Energy Infrastructure Act

Senate Energy and Natural Resources Committee Passes Energy Infrastructure Act, Teeing Up Consideration of Bipartisan Infrastructure Package
Thursday, July 15, 2021
On Wednesday, the Senate Energy and Natural Resources Committee passed the “Energy Infrastructure Act” by a vote of 13-7, with Senators Steve Daines (R-MT), Lisa Murkowski (R-AK), and Bill Cassidy (R-LA) voting with Committee Democrats in favor of the bill. Forty-eight bipartisan amendments were incorporated into the bill during markup, with most being adopted en bloc by voice vote at the start of the meeting.
Sponsored by Chairman Joe Manchin (D-WV), the Energy Infrastructure Act represents the Committee’s intended contribution to the infrastructure deal currently being negotiated by a bipartisan group of Senators and the White House. It would authorize $73 billion for power-related infrastructure and nearly $100 billion overall. Senate negotiators are currently working to draft le ....

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Technical Conference to Discuss Climate Change, Extreme Weather, & Electric System Reliability

I. Issue Summary
On March 16, 2021, the Federal Energy Regulatory Commission (Commission or FERC) issued a notice regarding a technical conference inviting comments on matters related to electric reliability threats posed by climate change and extreme weather events.[1] [1] The conference will be held from June 1 to June 2, 2021 with pre-conference comments due by April 15, 2021.
II. Summary of R Street Position
Climate change adaptation is a societal risk management exercise. Independently, electric reliability policy has evolved toward a risk management framework. As such, it is important to accurately fuse characteristics of climate risk into the evolving risk-based electric reliability framework. Overlaying climate risk onto the preexisting and potential future configurations of reliability risk frameworks helps inform policy makers in revising current policies, protocols, and inputs in a manner that maximizes net benefits to society. ....

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Fact-checking the claim that Chinese interference shut down the Texas power grid

Fact-checking the claim that Chinese interference shut down the Texas power grid
Noah Y. Kim, PolitiFact Texas
March 2, 2021
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Mark Mulligan, Houston Chronicle / Staff photographer
During the devastating winter blackout in Texas, a conservative group linked the outage to President Joe Biden, claiming that one of his executive orders gave the Chinese Communist Party access to the U.S. power grid.
Joe Biden is handing our power grid to the Chinese Communist Party, tweeted the conservative activist group Students for Trump on Feb. 16.
The post also includes a quote by the group’s CEO, Charlie Kirk, which reads: While thousands of Americans are without power because of a faulty energy infrastructure, this is your daily reminder that Joe Biden rescinded a Trump executive order banning Chinese involvement in our power grid. ....

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U.S. DOE Prohibits Procurement Of Certain Grid Equipment From China | Morrison & Foerster LLP

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On December 17, 2020, the U.S. Department of Energy (“DOE”) issued an order (“Prohibition Order”)[1] that prohibits certain utilities from procuring specific bulk power equipment from China. The Prohibition Order is part of the U.S. government’s actions under the May 1, 2020, Executive Order on Securing the U.S. Bulk-Power System (“Bulk Power System EO”).[2] The Prohibition Order is a substantive follow-up to the broadly-worded Bulk Power System EO, but the Prohibition Order has narrow application to the electric power sector. Specifically, the Prohibition Order only applies to certain utilities that own or operate Defense Critical Electric Infrastructure (“DCEI”) and actively provide service to designated Critical Defense Facilities (“CDF”) at a voltage of 69 kV or above. Additionally, the equipment that is subject to the Prohibition Order is a limited subset of the broadly-defined “bulk-powe ....

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FERC Proposes Incentive-Based Cybersecurity Investment Rate

Tuesday, December 22, 2020
On Thursday, December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a
Notice of Proposed Rulemaking (“NOPR” or “Proposed Rule”) seeking comment on proposals that would allow public utilities to make a filing pursuant to Section 205 of the Federal Power Act (“FPA”) to seek incentive-based rate treatment for certain cybersecurity investments made to improve the security of the Bulk-Power System (“BPS”).
[1] The NOPR follows a white paper published by FERC staff in June 2020, which expressed concern that the promulgation of mandatory reliability standards in accordance with Section 215 of the FPA may not be effective in responding to complex and rapidly evolving cybersecurity threats, and solicited comments on whether the Commission should use its ratemaking authority to encourage utilities to undertake additional investments on a voluntary basis. ....

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