Pre-Authorization to Transfer Certain Cyber-Security Related Equipment to Other Utilities Parti...
NY-ADR
3/17/21 N.Y. St. Reg. PSC-11-21-00004-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 11
March 17, 2021
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-11-21-00004-P
Pre-Authorization to Transfer Certain Cyber-Security Related Equipment to Other Utilities Participating in the CMA Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering a petition by the Joint Utilities for pre-authorization to transfer certain equipment to other utilities participating in the Cyber Mutual Assistance (CMA) program.
Statutory authority:
Public Service Law, section 70
Subject:
Pre-authorization to transfer certain cyber-security related equipment to other utilities participating in the CMA program.
Purpose:
To enhance the reliability of the energy system by enabling transfers of certain equipment to other participating utilities.
Substance of proposed rule:
The Commission is considering a petition filed on February 12, 2021 by Consolidated Edison Company of New York, Inc, Orange and Rockland Utilities, Inc, Niagara Mohawk Power Corporation d/b/a National Grid, The Brooklyn Union Gas Company d/b/a National Grid NY, KeySpan Gas East Corporation d/b/a National Grid, Central Hudson Gas & Electric Corporation, New York State Electric and Gas Corporation, Rochester Gas & Electric Corporation, and National Fuel Gas Distribution Corporation (collectively, Joint Utilities), seeking pre-authorization, pursuant to Public Service Law Section 70, to make transfers of certain equipment pursuant to the Edison Electric Institute’s (EEI) effort to establish a nation-wide Cyber Mutual Assistance (CMA) program and the associated agreement (CMA Agreement).
The CMA Agreement provides for voluntary assistance among participants prior to, during and after a cyber-security incident where there is a need to lease or sell such equipment to another CMA program participant.
According to the Join Utilities, their participation in the CMA program enhances the reliability and resiliency of energy systems by allowing utilities to promptly and efficiently share critical services and equipment to address a cyber event. The Joint Utilities assert that, by granting pre-authorization for the transfer or lease of equipment pursuant to the CMA Agreement, the restoration processes will be expedited, helping to minimize impacts of such events. The Joint Utilities propose to account for such transactions in the same manner as materials transfers contemplated in the Utility Shared Critical Equipment Proceeding.
The Joint Utilities also propose to confidentially notify Department of Public Service Staff within 72 hours if a utility responds to a request for assistance under the CMA Agreement that involves the transfer or lease of equipment. The Joint Utilities further request waiver of the requirement that they submit the information required in the Commission’s rules for petitions under Public Service Law § 70 with the commitment that the Joint Utilities will file the proposed accounting and rate making treatment with the Commission within a reasonable time after completion of a lease or transfer transaction in connection with the CMA program.
The full text of the petition and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]
Data, views or arguments may be submitted to:
Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(21-M-0106SP1)
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