View all text of Subchapter II [§ 824 - § 824w]
§ 824s–1. Incentives for cybersecurity investments
(a) DefinitionsIn this section:
(1) Advanced cybersecurity technology
(2) Advanced cybersecurity technology information
(b) StudyNot later than 180 days after November 15, 2021, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage—
(1) investment by public utilities in advanced cybersecurity technology; and
(2) participation by public utilities in cybersecurity threat information sharing programs.
(c) Incentive-based rate treatmentNot later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging—
(1) investments by public utilities in advanced cybersecurity technology; and
(2) participation by public utilities in cybersecurity threat information sharing programs.
(d) Factors for considerationIn issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to—
(1) defense critical electric infrastructure (as defined in section 824o–1(a) of this title) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with—
(A) the Secretary of Energy;
(B) the Secretary of Homeland Security; and
(C) other appropriate Federal agencies; and
(2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission.
(e) Ratepayer protection
(1) In generalAny rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 824d and 824e of this title that all rates, charges, terms, and conditions—
(A) shall be just and reasonable; and
(B) shall not be unduly discriminatory or preferential.
(2) Prohibition of duplicate recovery
(f) Single-issue rate filings
(g) Protection of information
(June 10, 1920, ch. 285, pt. II, § 219A, as added