New 2010 electric grid security legislation being prepared
March 11, 2010 

Summary of the new bipartisan draft bill

Background:  U.S. electric grid protection legislative history
In April 2009, Mr. Barrow, joined by Mr. Waxman and Mr. Markey, introduced H.R. 2165 (the Bulk Power System Protection Act of 2009), a bill to protect the electric grid against cybersecurity threats.  In October 2009, the House Energy and Commerce Committee’s Subcommittee on Energy and Environment held a legislative hearing on H.R. 2165 and H.R. 2195 (a bill addressing grid security introduced by Homeland Security Committee Chairman Bennie Thompson).  That same month, Members of the Energy and Commerce Committee received a classified briefing from Administration officials on threats to the security of the electric grid. 

2010 legislative action
Based on extensive review and hearings on the 2009 bills, the grid protection legislative initiative is being renewed and expanded this year.  The Energy and Commerce Committee has prepared a new, bipartisan draft.  The draft would amend the Federal Power Act to give the Federal Energy Regulatory Commission (FERC) new authorities to protect the electric grid against a range of electromagnetic and other threats, including severe geomagnetic storms caused by solar flares. 

FERC would be given new authority over high voltage transmission facilities, generating facilities and other equipment needed to ensure grid reliability, as well as critical national defense facilities.

The draft legislation would also give the FERC regulatory commission authority to issue emergency orders to protect against an EMP weapon or a geomagnetic storm. 

The draft legislation also includes language specifically designated to protect against grid security vulnerabilities to cyber and EMP weapons and geomagnetic storms, by establishing new regulatory standards, as well as providing for spare high voltage transformers.

To read the discussion draft now under consideration by the committee, click here.

To review the reference to the 2009 Commerce and Security Committee hearing on the grid protection legislation, visit: