Docket No. RM22-19-001
I concur in today’s order granting the National Rural Electric Cooperative Association’s request for clarification of: (i) the eligibility period for incentive-based rate treatment of early compliance with a Commission-approved Reliability Standard; and (ii) the ability of utilities that make sales of energy, capacity, ancillary services, or any other jurisdictional product at market-based rates, to also make separate sales at cost-based rates that include incentive-based rate treatment for eligible cybersecurity investments.[1] I write separately to highlight my dissent to the underlying order[2] and again point out the majority’s failure to “shore up [the] cybersecurity” of the bulk power system in accordance with the directive in the Infrastructure Investment and Jobs Act to establish incentive-based rate treatments that “encourag[e]” “investments by public utilities in advanced cybersecurity technology” and “participation by public utilities in cybersecurity threat information sharing programs.”[3]
For these reasons, I respectfully concur.
[1] Incentives for Advanced Cybersecurity Investment, 184 FERC ¶ 61,053 (2023) (Order No. 893-A).
[2] Incentives for Advanced Cybersecurity Investment, 183 FERC ¶ 61,033 (2023) (Order No. 893) (Danly, Comm’r, dissenting).
[3] Pub. L. No. 117-58, § 40123(c), 135 Stat. 429, 952 (codified 16 U.S.C. § 824s-1(c)).