Commission Information Collection Activities (FERC-725B); Comment Request; Extension, 35783-35785 [2021-14477]
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021–14369 Filed 7–6–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC21–26–000]
Commission Information Collection
Activities (FERC–725B); Comment
Request; Extension
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC–
725B, (Mandatory Reliability Standards,
Critical Infrastructure Protection (CIP).
DATES: Comments on the collection of
information are due September 7, 2021.
ADDRESSES: You may submit copies of
your comments (identified by Docket
No. IC21–26–000) by one of the
following methods:
Electronic filing through https://
www.ferc.gov, is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery:
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
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SUMMARY:
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Æ Hand (Including Courier) Delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov. For user assistance,
contact FERC Online Support by email
at ferconlinesupport@ferc.gov, or by
phone at (866) 208–3676 (toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–725B (Mandatory
Reliability Standards, Critical
Infrastructure Protection (CIP)).
OMB Control No.: 1902–0248.
Type of Request: Three-year extension
of the FERC–725B information
collection requirements with no changes
to the reporting requirements.
Abstract: On August 8, 2005, Congress
enacted the Energy Policy Act of 2005.1
The Energy Policy Act of 2005 added a
new section 215 to the FPA,2 which
requires a Commission-certified Electric
Reliability Organization to develop
mandatory and enforceable Reliability
Standards,3 including requirements for
cybersecurity protection, which are
subject to Commission review and
approval. Once approved, the Reliability
Standards may be enforced by the
Electric Reliability Organization subject
to Commission oversight, or the
Commission can independently enforce
Reliability Standards.
On February 3, 2006, the Commission
issued Order No. 672,4 implementing
FPA section 215. The Commission
subsequently certified NERC as the
Electric Reliability Organization. The
1 Energy Policy Act of 2005, Public Law 109–58,
sec. 1261 et seq., 119 Stat. 594 (2005).
2 16 U.S.C. 824o.
3 FPA section 215 defines Reliability Standard as
a requirement, approved by the Commission, to
provide for reliable operation of existing bulkpower system facilities, including cybersecurity
protection, and the design of planned additions or
modifications to such facilities to the extent
necessary to provide for reliable operation of the
Bulk-Power System. However, the term does not
include any requirement to enlarge such facilities
or to construct new transmission capacity or
generation capacity. Id. at 824o(a)(3).
4 Rules Concerning Certification of the Elec.
Reliability Org.; and Procedures for the
Establishment, Approval, and Enf’t of Elec.
Reliability Standards, Order No. 672, 71 FR 8661
(Feb. 17, 2006), 114 FERC ¶ 61,104, order on reh’g,
Order No. 672–A, 71 FR 19814 (Apr. 28, 2006), 114
FERC ¶ 61,328 (2006).
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35783
Reliability Standards developed by
NERC become mandatory and
enforceable after Commission approval
and apply to users, owners, and
operators of the Bulk-Power System, as
set forth in each Reliability Standard.5
The CIP Reliability Standards require
entities to comply with specific
requirements to safeguard critical cyber
assets. These standards are results-based
and do not specify a technology or
method to achieve compliance, instead
leaving it up to the entity to decide how
best to comply.
On January 18, 2008, the Commission
issued Order No. 706,6 approving the
initial eight CIP Reliability Standards,
CIP version 1 Standards, submitted by
NERC. Subsequently, the Commission
has approved multiple versions of the
CIP Reliability Standards submitted by
NERC, partly to address the evolving
nature of cyber-related threats to the
Bulk-Power System. On November 22,
2013, the Commission issued Order No.
791,7 approving CIP version 5
Standards, the last major revision to the
CIP Reliability Standards. The CIP
version 5 Standards implement a tiered
approach to categorize assets,
identifying them as high, medium, or
low risk to the operation of the Bulk
Electric System (BES) 8 if compromised.
High impact systems include large
control centers. Medium impact systems
include smaller control centers, ultrahigh voltage transmission, and large
substations and generating facilities.
5 NERC uses the term ‘‘registered entity’’ to
identify users, owners, and operators of the BulkPower System responsible for performing specified
reliability functions with respect to NERC
Reliability Standards. See, e.g., Version 4 Critical
Infrastructure Protection Reliability Standards,
Order No. 761, 77 FR 24594 (Apr. 25, 2012), 139
FERC ¶ 61,058, at P 46, order denying clarification
and reh’g, 140 FERC ¶ 61,109 (2012). Within the
NERC Reliability Standards are various subsets of
entities responsible for performing various specified
reliability functions. We collectively refer to these
as ‘‘entities.’’
6 Order No. 706, 122 FERC ¶ 61,040 at P 1.
7 Version 5 Critical Infrastructure Protection
Reliability Standards, Order No. 791, 78 FR 72755
(Dec. 13, 2013), 145 FERC ¶ 61,160 (2013), order on
reh’g, Order No. 791–A, 146 FERC ¶ 61,188 (2014).
8 In general, NERC defines BES to include all
Transmission Elements operated at 100 kV or
higher and Real Power and Reactive Power
resources connected at 100 kV or higher. This does
not include facilities used in the local distribution
of electric energy. See NERC, Bulk Electric System
Definition Reference Document, Version 3, at page
iii (August 2018). In Order No. 693, the Commission
found that NERC’s definition of BES is narrower
than the statutory definition of Bulk-Power System.
The Commission decided to rely on the NERC
definition of BES to provide certainty regarding the
applicability of Reliability Standards to specific
entities. See Mandatory Reliability Standards for
the Bulk-Power System, Order No. 693, 72 FR 16415
(Apr. 4, 2007), 118 FERC ¶ 61,218, at PP 75, 79, 491,
order on reh’g, Order No. 693–A, 72 FR 49717 (July
25, 2007), 120 FERC ¶ 61,053 (2007).
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
• CIP–004–6 Personnel and Training:
Requires entities to minimize the risk
against compromise that could lead to
mis-operation or instability in the BES
from individuals accessing BES Cyber
Systems by requiring an appropriate
level of personnel risk assessment,
training, and security awareness in
support of protecting BES Cyber
Systems.
• CIP–005–6 Electronic Security
Perimeter(s): Requires entities to
manage electronic access to BES Cyber
Systems by specifying a controlled
Electronic Security Perimeter in support
of protecting BES Cyber Systems against
compromise that could lead to misoperation or instability in the BES.
• CIP–006–6 Physical Security of Bulk
Electric System Cyber Systems: Requires
entities to manage physical access to
BES Cyber Systems by specifying a
physical security plan in support of
protecting BES Cyber Systems against
compromise that could lead to misoperation or instability in the BES.
• CIP–007–6 System Security
Management: Requires entities to
manage system security by specifying
select technical, operational, and
procedural requirements in support of
protecting BES Cyber Systems against
compromise that could lead to misoperation or instability in the BES.
• CIP–008–6 Incident Reporting and
Response Planning: Requires entities to
mitigate the risk to the reliable
operation of the BES as the result of a
cybersecurity incident by specifying
incident response requirements.
• CIP–009–6 Recovery Plans for Bulk
Electric System Cyber Systems: Requires
entities to recover reliability functions
performed by BES Cyber Systems by
specifying recovery plan requirements
The remainder of the BES Cyber
Systems 9 are categorized as low impact
systems. Most requirements in the CIP
Reliability Standards apply to high and
medium impact systems; however, a
technical controls requirement in
Reliability standard CIP–003, described
below, applies only to low impact
systems. Since 2013, the Commission
has approved new and modified CIP
Reliability Standards that address
specific issues such as supply chain risk
management, cyber incident reporting,
communications between control
centers, and the physical security of
critical transmission facilities.10
The CIP Reliability Standards
currently consist of 12 standards
specifying a set of requirements that
entities must follow to ensure the cyber
and physical security of the Bulk-Power
System. There are 12 currently effective
cybersecurity standards and one
cybersecurity standard that has been
approved by the Commission and will
become enforceable on July 1, 2022.
There is also one physical security
standard CIP–002–5.1a Bulk Electric
System Cyber System Categorization:
requires entities to identify and
categorize BES Cyber Assets for the
application of cyber security
requirements commensurate with the
adverse impact that loss, compromise,
or misuse of those BES Cyber Systems
could have on the reliable operation of
the BES.
• CIP–003–8 Security Management
Controls: Requires entities to specify
consistent and sustainable security
management controls that establish
responsibility and accountability to
protect BES Cyber Systems against
compromise that could lead to misoperation or instability in the BES.
in support of the continued stability,
operability, and reliability of the BES.
• CIP–010–3 Configuration Change
Management and Vulnerability
Assessments: Requires entities to
prevent and detect unauthorized
changes to BES Cyber Systems by
specifying configuration change
management and vulnerability
assessment requirements in support of
protecting BES Cyber Systems from
compromise that could lead to misoperation or instability in the BES.
• CIP–011–2 Information Protection:
Requires entities to prevent
unauthorized access to BES Cyber
System Information by specifying
information protection requirements in
support of protecting BES Cyber
Systems against compromise that could
lead to mis-operation or instability in
the BES.
• CIP–012–1 Communications
between Control Centers:11 requires
entities to protect the confidentiality
and integrity of Real-time Assessment
and Real-time monitoring data
transmitted between Control Centers.
• CIP–013–1 Supply Chain Risk
Management: requires entities to
mitigate cybersecurity risks to the
reliable operation of the BES by
implementing security controls for
supply chain risk management of BES
Cyber Systems.
The CIP Reliability Standards, viewed
as a whole, implement a defense-indepth approach to protecting the
security of BES Cyber Systems at all
impact levels.12 The CIP Reliability
Standards are objective-based and allow
entities to choose compliance
approaches best tailored to their
systems.13
FERC–725B—(MANDATORY RELIABILITY STANDARDS FOR CRITICAL INFRASTRUCTURE PROTECTION [CIP] RELIABILITY
STANDARDS) AFTER ADDING FILERS FROM CYBERSECURITY INCENTIVES INVESTMENT ACTIVITY (SUBMITTED AS A
SEPARATE IC WITHIN FERC–725B)
Number and
type of
respondent 14
Annual
number of
responses
per
respondent
Total
number of
responses
Average burden per
response (hours) 15
& cost per response
Total annual burden
(hours) & total
annual cost 16
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
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CIP–003–8 17 ................................................
CIP–003–8 19 ................................................
CIP–003–820 .................................................
1,14918
1,149
343
9 NERC defines BES Cyber System as ‘‘[o]ne or
more BES Cyber Assets logically grouped by a
responsible entity to perform one or more reliability
tasks for a functional entity.’’ NERC, Glossary of
Terms Used in NERC Reliability Standards, at 5
(2020), https://www.nerc.com/files/glossary_of_
terms.pdf (NERC Glossary of Terms). NERC defines
BES Cyber Asset as A Cyber Asset that if rendered
unavailable, degraded, or misused would, within 15
minutes of its required operation, mis-operation, or
non-operation, adversely impact one or more
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300
1
1
344,700
1,149
343
1.5 hrs.; $127.53 ............
20 hrs.; $1,700.40 ..........
1 hr.; $85.02 ...................
Facilities, systems, or equipment, which, if
destroyed, degraded, or otherwise rendered
unavailable when needed, would affect the reliable
operation of the Bulk Electric System. Redundancy
of affected Facilities, systems, and equipment shall
not be considered when determining adverse
impact. Each BES Cyber Asset is included in one
or more BES Cyber Systems. Id. at 4.
10 See, e.g., Order No. 791, 78 FR 72755; Revised
Critical Infrastructure Protection Reliability
Standards, Order No. 822, 81 FR 4177 (Jan. 26,
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517,050 hrs.; $43,959,591.
23,220 hrs.; $1,974,164.4.
343 hrs.; $29,161.86.
2016), 154 FERC ¶ 61,037, reh’g denied, Order No.
822–A, 156 FERC ¶ 61,052 (2016); Revised Critical
Infrastructure Protection Reliability Standard CIP–
003–7—Cyber Security—Security Management
Controls, Order No. 843, 163 FERC ¶ 61,032 (2018).
11 CIP–012–1: Communications between Control
Centers will be subject to enforcement by July 1,
2022.
12 Order No. 822, 154 FERC ¶ 61,037 at 32.
13 Order No. 706, 122 FERC ¶ 61,040 at 72.
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
FERC–725B—(MANDATORY RELIABILITY STANDARDS FOR CRITICAL INFRASTRUCTURE PROTECTION [CIP] RELIABILITY
STANDARDS) AFTER ADDING FILERS FROM CYBERSECURITY INCENTIVES INVESTMENT ACTIVITY (SUBMITTED AS A
SEPARATE IC WITHIN FERC–725B)—Continued
Number and
type of
respondent 14
Annual
number of
responses
per
respondent
Total
number of
responses
Average burden per
response (hours) 15
& cost per response
Total annual burden
(hours) & total
annual cost 16
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
343
1
343
600 21 hrs.; $51,012 ........
205,800 hrs.; $17,497,116.
343
23 724
1
1
1
343
321
724
30 hrs.; $2550.60 ...........
2 hrs.; $170.04 ...............
83 hrs.; $7,056.66 ..........
10,290 hrs.; $874,855.80.
642 hrs.; $54,582.84.
60,092 hrs., $5,109,021.84.
........................
........................
347,923
.........................................
817,437 hrs.; $69,498,493.74.
CIP–002–5.1,
CIP–004–6,
CIP–005–7,
CIP–006–6,
CIP–007–6,
CIP–008–6,
CIP–009–6, CIP–010–3, CIP–011–2.
CIP–013–1 ....................................................
CIP–014–2 ....................................................
CIP–012–1 ....................................................
Total Burden of FERC–725B ................
22 321
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Comments: Comments are invited on:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
14 The number of respondents is based on the
NERC Compliance Registry as of June 22, 2021.
Currently there are 1,508 unique NERC Registered,
subtracting 16 Canadians Entities yields 1492 U.S.
entities.
15 Of the average estimated 295.702 hours per
response, 210 hours are for recordkeeping, and
85.702 hours are for reporting.
16 The estimates for cost per hour are $85.02/hour
(averaged based on the following occupations):
• Manager (Occupational Code: 11–0000):
$97.89/hour; and
• Electrical Engineer (Occupational Code 17–
2071): $72.15/hour, from the Bureau of Labor and
Statistics at https://bls.gov/oes/current/naics3_
221000.htm, as of June 2021.
17 Updates and reviews of low impact TCA assets
(ongoing)
18 We estimate that 1,161 entities will face an
increased paperwork burden under Reliability
Standard CIP 003–8, estimating that a majority of
these entities will have one or more low impact BES
Cyber Systems.
19 Update paperwork for access control
implementation in Section 2 and Section 3
(ongoing)
20 Modification and approval of cybersecurity
policies for all CIP Standards
21 600 hr. estimate is based on ongoing burden
estimate from Order No. 791, added to the 3-year
audit burden split over 3 years: 600 = (640/3) +
(408¥(20 + 1)). (20 + 1) is the CIP–003–8 burden.
22 321 U.S. Transmission Owners in NERC
Compliance Registry as of June 22, 2021.
23 The number of entities and the number of
hours required are based on FERC Order No. 802
which approved CIP–012–1.
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17:44 Jul 06, 2021
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Dated: June 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–14477 Filed 7–6–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER10–1186–012;
ER10–1329–012; ER11–2731–005;
ER11–3097–013.
Applicants: DTE Energy Supply, Inc.,
DTE Electric Company, DTE Energy
Trading, Inc., DTE Garden Wind Farm,
LLC, DTE Stoney Corners Wind Farm,
LLC, St. Paul Cogeneration, LLC.
Description: Triennial Market Power
Analysis for Central Region of DTE
Energy Supply, Inc., et al.
Filed Date: 6/29/21.
Accession Number: 20210629–5267.
Comments Due: 5 p.m. ET 8/30/21.
Docket Numbers: ER10–1520–006;
ER10–1521–006; ER10–1522–005;
ER20–2493–001.
Applicants: Occidental Power
Services, Inc., Occidental Power
Marketing, L.P., Occidental Chemical
Corporation, OTCF, LLC.
Description: Triennial Market Power
Analysis for Central Region of
Occidental Power Services, Inc., et al.
Filed Date: 6/29/21.
Accession Number: 20210629–5214.
Comments Due: 5 p.m. ET 8/30/21.
Docket Numbers: ER10–1581–025;
ER10–2265–019; ER11–1846–010;
ER11–1847–010; ER11–1850–010;
ER11–2062–027; ER11–2175–005;
ER11–2176–004; ER11–2598–013;
ER11–3188–005; ER11–3418–007;
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ER11–4307–028; ER11–4308–028;
ER12–224–006; ER12–225–006; ER12–
2301–005; ER12–261–027; ER13–1192–
007; ER17–764–005; ER17–765–005;
ER17–767–005; ER18–1160–003.
Applicants: NRG Power Marketing
LLC, Direct Energy Business, LLC,
Direct Energy Business Marketing, LLC,
Direct Energy Marketing Inc., Direct
Energy Services, LLC, Energy Plus
Holdings LLC, Gateway Energy Services
Corporation, Green Mountain Energy
Company, Independence Energy Group
LLC, Long Beach Peakers LLC, NRG
Cottonwood Tenant LLC, Reliant Energy
Northeast LLC, SGE Energy Sourcing,
LLC, Stream Energy Columbia, LLC,
Stream Energy Delaware, LLC, Stream
Energy Illinois, LLC, Stream Energy
Maryland, LLC, Stream Energy New
Jersey, LLC, Stream Energy New York,
LLC, Stream Energy Pennsylvania, LLC,
Stream Ohio Gas & Electric, LLC, XOOM
Energy, LLC.
Description: Triennial Market Power
Analysis for Central Region of Long
Beach Peakers LLC, et al.
Filed Date: 6/29/21.
Accession Number: 20210629–5266.
Comments Due: 5 p.m. ET 8/30/21.
Docket Numbers: ER10–1874–013;
ER19–9–007.
Applicants: Mankato Energy Center,
LLC, Mankato Energy Center II, LLC.
Description: Triennial Market Power
Analysis for Central Region of Mankato
Energy Center, LLC, et al.
Filed Date: 6/29/21.
Accession Number: 20210629–5264.
Comments Due: 5 p.m. ET 8/30/21.
Docket Numbers: ER10–2742–016;
ER14–153–010; ER14–154–010; ER16–
517–005.
Applicants: Tilton Energy LLC,
Gibson City Energy Center, LLC, Grand
Tower Energy Center, LLC, Shelby
County Energy Center, LLC, Southern
Illinois Generation Company, LLC.
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]]>Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35783-35785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14477]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC21-26-000]
Commission Information Collection Activities (FERC-725B); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-725B, (Mandatory Reliability Standards,
Critical Infrastructure Protection (CIP).
DATES: Comments on the collection of information are due September 7,
2021.
ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC21-26-000) by one of the following methods:
Electronic filing through https://www.ferc.gov, is preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: FERC-725B (Mandatory Reliability Standards, Critical
Infrastructure Protection (CIP)).
OMB Control No.: 1902-0248.
Type of Request: Three-year extension of the FERC-725B information
collection requirements with no changes to the reporting requirements.
Abstract: On August 8, 2005, Congress enacted the Energy Policy Act
of 2005.\1\ The Energy Policy Act of 2005 added a new section 215 to
the FPA,\2\ which requires a Commission-certified Electric Reliability
Organization to develop mandatory and enforceable Reliability
Standards,\3\ including requirements for cybersecurity protection,
which are subject to Commission review and approval. Once approved, the
Reliability Standards may be enforced by the Electric Reliability
Organization subject to Commission oversight, or the Commission can
independently enforce Reliability Standards.
---------------------------------------------------------------------------
\1\ Energy Policy Act of 2005, Public Law 109-58, sec. 1261 et
seq., 119 Stat. 594 (2005).
\2\ 16 U.S.C. 824o.
\3\ FPA section 215 defines Reliability Standard as a
requirement, approved by the Commission, to provide for reliable
operation of existing bulk-power system facilities, including
cybersecurity protection, and the design of planned additions or
modifications to such facilities to the extent necessary to provide
for reliable operation of the Bulk-Power System. However, the term
does not include any requirement to enlarge such facilities or to
construct new transmission capacity or generation capacity. Id. at
824o(a)(3).
---------------------------------------------------------------------------
On February 3, 2006, the Commission issued Order No. 672,\4\
implementing FPA section 215. The Commission subsequently certified
NERC as the Electric Reliability Organization. The Reliability
Standards developed by NERC become mandatory and enforceable after
Commission approval and apply to users, owners, and operators of the
Bulk-Power System, as set forth in each Reliability Standard.\5\ The
CIP Reliability Standards require entities to comply with specific
requirements to safeguard critical cyber assets. These standards are
results-based and do not specify a technology or method to achieve
compliance, instead leaving it up to the entity to decide how best to
comply.
---------------------------------------------------------------------------
\4\ Rules Concerning Certification of the Elec. Reliability
Org.; and Procedures for the Establishment, Approval, and Enf't of
Elec. Reliability Standards, Order No. 672, 71 FR 8661 (Feb. 17,
2006), 114 FERC ] 61,104, order on reh'g, Order No. 672-A, 71 FR
19814 (Apr. 28, 2006), 114 FERC ] 61,328 (2006).
\5\ NERC uses the term ``registered entity'' to identify users,
owners, and operators of the Bulk-Power System responsible for
performing specified reliability functions with respect to NERC
Reliability Standards. See, e.g., Version 4 Critical Infrastructure
Protection Reliability Standards, Order No. 761, 77 FR 24594 (Apr.
25, 2012), 139 FERC ] 61,058, at P 46, order denying clarification
and reh'g, 140 FERC ] 61,109 (2012). Within the NERC Reliability
Standards are various subsets of entities responsible for performing
various specified reliability functions. We collectively refer to
these as ``entities.''
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On January 18, 2008, the Commission issued Order No. 706,\6\
approving the initial eight CIP Reliability Standards, CIP version 1
Standards, submitted by NERC. Subsequently, the Commission has approved
multiple versions of the CIP Reliability Standards submitted by NERC,
partly to address the evolving nature of cyber-related threats to the
Bulk-Power System. On November 22, 2013, the Commission issued Order
No. 791,\7\ approving CIP version 5 Standards, the last major revision
to the CIP Reliability Standards. The CIP version 5 Standards implement
a tiered approach to categorize assets, identifying them as high,
medium, or low risk to the operation of the Bulk Electric System (BES)
\8\ if compromised. High impact systems include large control centers.
Medium impact systems include smaller control centers, ultra-high
voltage transmission, and large substations and generating facilities.
[[Page 35784]]
The remainder of the BES Cyber Systems \9\ are categorized as low
impact systems. Most requirements in the CIP Reliability Standards
apply to high and medium impact systems; however, a technical controls
requirement in Reliability standard CIP-003, described below, applies
only to low impact systems. Since 2013, the Commission has approved new
and modified CIP Reliability Standards that address specific issues
such as supply chain risk management, cyber incident reporting,
communications between control centers, and the physical security of
critical transmission facilities.\10\
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\6\ Order No. 706, 122 FERC ] 61,040 at P 1.
\7\ Version 5 Critical Infrastructure Protection Reliability
Standards, Order No. 791, 78 FR 72755 (Dec. 13, 2013), 145 FERC ]
61,160 (2013), order on reh'g, Order No. 791-A, 146 FERC ] 61,188
(2014).
\8\ In general, NERC defines BES to include all Transmission
Elements operated at 100 kV or higher and Real Power and Reactive
Power resources connected at 100 kV or higher. This does not include
facilities used in the local distribution of electric energy. See
NERC, Bulk Electric System Definition Reference Document, Version 3,
at page iii (August 2018). In Order No. 693, the Commission found
that NERC's definition of BES is narrower than the statutory
definition of Bulk-Power System. The Commission decided to rely on
the NERC definition of BES to provide certainty regarding the
applicability of Reliability Standards to specific entities. See
Mandatory Reliability Standards for the Bulk-Power System, Order No.
693, 72 FR 16415 (Apr. 4, 2007), 118 FERC ] 61,218, at PP 75, 79,
491, order on reh'g, Order No. 693-A, 72 FR 49717 (July 25, 2007),
120 FERC ] 61,053 (2007).
\9\ NERC defines BES Cyber System as ``[o]ne or more BES Cyber
Assets logically grouped by a responsible entity to perform one or
more reliability tasks for a functional entity.'' NERC, Glossary of
Terms Used in NERC Reliability Standards, at 5 (2020), https://www.nerc.com/files/glossary_of_terms.pdf (NERC Glossary of Terms).
NERC defines BES Cyber Asset as A Cyber Asset that if rendered
unavailable, degraded, or misused would, within 15 minutes of its
required operation, mis-operation, or non-operation, adversely
impact one or more Facilities, systems, or equipment, which, if
destroyed, degraded, or otherwise rendered unavailable when needed,
would affect the reliable operation of the Bulk Electric System.
Redundancy of affected Facilities, systems, and equipment shall not
be considered when determining adverse impact. Each BES Cyber Asset
is included in one or more BES Cyber Systems. Id. at 4.
\10\ See, e.g., Order No. 791, 78 FR 72755; Revised Critical
Infrastructure Protection Reliability Standards, Order No. 822, 81
FR 4177 (Jan. 26, 2016), 154 FERC ] 61,037, reh'g denied, Order No.
822-A, 156 FERC ] 61,052 (2016); Revised Critical Infrastructure
Protection Reliability Standard CIP-003-7--Cyber Security--Security
Management Controls, Order No. 843, 163 FERC ] 61,032 (2018).
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The CIP Reliability Standards currently consist of 12 standards
specifying a set of requirements that entities must follow to ensure
the cyber and physical security of the Bulk-Power System. There are 12
currently effective cybersecurity standards and one cybersecurity
standard that has been approved by the Commission and will become
enforceable on July 1, 2022. There is also one physical security
standard CIP-002-5.1a Bulk Electric System Cyber System Categorization:
requires entities to identify and categorize BES Cyber Assets for the
application of cyber security requirements commensurate with the
adverse impact that loss, compromise, or misuse of those BES Cyber
Systems could have on the reliable operation of the BES.
CIP-003-8 Security Management Controls: Requires entities
to specify consistent and sustainable security management controls that
establish responsibility and accountability to protect BES Cyber
Systems against compromise that could lead to mis-operation or
instability in the BES.
CIP-004-6 Personnel and Training: Requires entities to
minimize the risk against compromise that could lead to mis-operation
or instability in the BES from individuals accessing BES Cyber Systems
by requiring an appropriate level of personnel risk assessment,
training, and security awareness in support of protecting BES Cyber
Systems.
CIP-005-6 Electronic Security Perimeter(s): Requires
entities to manage electronic access to BES Cyber Systems by specifying
a controlled Electronic Security Perimeter in support of protecting BES
Cyber Systems against compromise that could lead to mis-operation or
instability in the BES.
CIP-006-6 Physical Security of Bulk Electric System Cyber
Systems: Requires entities to manage physical access to BES Cyber
Systems by specifying a physical security plan in support of protecting
BES Cyber Systems against compromise that could lead to mis-operation
or instability in the BES.
CIP-007-6 System Security Management: Requires entities to
manage system security by specifying select technical, operational, and
procedural requirements in support of protecting BES Cyber Systems
against compromise that could lead to mis-operation or instability in
the BES.
CIP-008-6 Incident Reporting and Response Planning:
Requires entities to mitigate the risk to the reliable operation of the
BES as the result of a cybersecurity incident by specifying incident
response requirements.
CIP-009-6 Recovery Plans for Bulk Electric System Cyber
Systems: Requires entities to recover reliability functions performed
by BES Cyber Systems by specifying recovery plan requirements in
support of the continued stability, operability, and reliability of the
BES.
CIP-010-3 Configuration Change Management and
Vulnerability Assessments: Requires entities to prevent and detect
unauthorized changes to BES Cyber Systems by specifying configuration
change management and vulnerability assessment requirements in support
of protecting BES Cyber Systems from compromise that could lead to mis-
operation or instability in the BES.
CIP-011-2 Information Protection: Requires entities to
prevent unauthorized access to BES Cyber System Information by
specifying information protection requirements in support of protecting
BES Cyber Systems against compromise that could lead to mis-operation
or instability in the BES.
CIP-012-1 Communications between Control Centers:\11\
requires entities to protect the confidentiality and integrity of Real-
time Assessment and Real-time monitoring data transmitted between
Control Centers.
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\11\ CIP-012-1: Communications between Control Centers will be
subject to enforcement by July 1, 2022.
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CIP-013-1 Supply Chain Risk Management: requires entities
to mitigate cybersecurity risks to the reliable operation of the BES by
implementing security controls for supply chain risk management of BES
Cyber Systems.
The CIP Reliability Standards, viewed as a whole, implement a
defense-in-depth approach to protecting the security of BES Cyber
Systems at all impact levels.\12\ The CIP Reliability Standards are
objective-based and allow entities to choose compliance approaches best
tailored to their systems.\13\
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\12\ Order No. 822, 154 FERC ] 61,037 at 32.
\13\ Order No. 706, 122 FERC ] 61,040 at 72.
FERC-725B--(Mandatory Reliability Standards for Critical Infrastructure Protection [CIP] Reliability Standards) After Adding Filers From Cybersecurity
Incentives Investment Activity (Submitted as a Separate IC Within FERC-725B)
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Number and Annual number
type of of responses Total number of Average burden per response Total annual burden (hours) & total
respondent per responses (hours) \15\ & cost per annual cost \16\ ($)
\14\ respondent response
(1) (2) (1) * (2) = (3) (4)......................... (3) * (4) = (5)
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CIP-003-8 \17\................ 1,149\18\ 300 344,700 1.5 hrs.; $127.53........... 517,050 hrs.; $43,959,591.
CIP-003-8 \19\................ 1,149 1 1,149 20 hrs.; $1,700.40.......... 23,220 hrs.; $1,974,164.4.
CIP-003-8\20\................. 343 1 343 1 hr.; $85.02............... 343 hrs.; $29,161.86.
[[Page 35785]]
CIP-002-5.1, CIP-004-6, CIP- 343 1 343 600 \21\ hrs.; $51,012...... 205,800 hrs.; $17,497,116.
005-7, CIP-006-6, CIP-007-6,
CIP-008-6, CIP-009-6, CIP-010-
3, CIP-011-2.
CIP-013-1..................... 343 1 343 30 hrs.; $2550.60........... 10,290 hrs.; $874,855.80.
CIP-014-2..................... \22\ 321 1 321 2 hrs.; $170.04............. 642 hrs.; $54,582.84.
CIP-012-1..................... \23\ 724 1 724 83 hrs.; $7,056.66.......... 60,092 hrs., $5,109,021.84.
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Total Burden of FERC-725B. .............. .............. 347,923 ............................ 817,437 hrs.; $69,498,493.74.
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Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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\14\ The number of respondents is based on the NERC Compliance
Registry as of June 22, 2021. Currently there are 1,508 unique NERC
Registered, subtracting 16 Canadians Entities yields 1492 U.S.
entities.
\15\ Of the average estimated 295.702 hours per response, 210
hours are for recordkeeping, and 85.702 hours are for reporting.
\16\ The estimates for cost per hour are $85.02/hour (averaged
based on the following occupations):
Manager (Occupational Code: 11-0000): $97.89/hour; and
Electrical Engineer (Occupational Code 17-2071):
$72.15/hour, from the Bureau of Labor and Statistics at https://bls.gov/oes/current/naics3_221000.htm, as of June 2021.
\17\ Updates and reviews of low impact TCA assets (ongoing)
\18\ We estimate that 1,161 entities will face an increased
paperwork burden under Reliability Standard CIP 003-8, estimating
that a majority of these entities will have one or more low impact
BES Cyber Systems.
\19\ Update paperwork for access control implementation in
Section 2 and Section 3 (ongoing)
\20\ Modification and approval of cybersecurity policies for all
CIP Standards
\21\ 600 hr. estimate is based on ongoing burden estimate from
Order No. 791, added to the 3-year audit burden split over 3 years:
600 = (640/3) + (408-(20 + 1)). (20 + 1) is the CIP-003-8 burden.
\22\ 321 U.S. Transmission Owners in NERC Compliance Registry as
of June 22, 2021.
\23\ The number of entities and the number of hours required are
based on FERC Order No. 802 which approved CIP-012-1.
Dated: June 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14477 Filed 7-6-21; 8:45 am]
BILLING CODE 6717-01-P
