[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]
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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.
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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 http://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: http://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 http://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.
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\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).
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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.
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\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 http://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]
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