Energy Independence and Security Act of 2007

Citation

Energy Independence and Security Act of 2007 (EISA), Pub. L. No. 110-140, 121 Stat. 1492, 1783-84 (Dec. 19, 2007) (full-text), codified at 42 U.S.C. §17381.

Overview

The Act made it the policy of the United States to modernize the nation's electricity transmission and distribution system to create a smart electric grid.

Section 1301 of the Act states that

“

It is the policy of the United States to support the modernization of the Nation's electricity transmission and distribution system to maintain a reliable and secure electricity infrastructure that can meet future demand growth and to achieve each of the following, which together characterize a Smart Grid: Increased use of digital information and controls technology to improve reliability, security, and efficiency of the electric grid. Dynamic optimization of grid operations and resources, with full cyber-security. . . .

”

Key provisions of Title XIII include:

• Section 1303 establishes at DOE the Smart Grid Advisory Committee and Federal Smart Grid Task Force.
• Section 1304 authorizes DOE to develop a "Smart Grid Regional Demonstration Initiative."
• Section 1305 directs the National Institute of Standards and Technology (NIST), with DOE and others, to develop a "Smart Grid Interoperability Framework."
• Section 1306 authorizes DOE to develop a "Federal Matching Fund for Smart Grid Investment Costs."

Distinguishing characteristics of the Smart Grid cited in EISA include:

• Increased use of digital information and controls technology to improve reliability, security, and efficiency of the electric grid;
• Dynamic optimization of grid operations and resources, with full cybersecurity;
• Deployment and integration of distributed resources and generation, including renewable resources;
• Development and incorporation of demand response, demand-side resources, and energy- efficiency resources;
• Deployment of "smart" technologies for metering, communications concerning grid operations and status, and distribution automation;
• Integration of "smart" appliances and consumer devices;
• Deployment and integration of advanced electricity storage and peak-shaving technologies, including plug-in electric and hybrid electric vehicles, and thermal-storage air conditioning;
• Provision to consumers of timely information and control options;
• Development of standards for communication and interoperability of appliances and equipment connected to the electric grid, including the infrastructure serving the grid; and
• Identification and lowering of unreasonable or unnecessary barriers to adoption of Smart Grid technologies, practices, and services.

Under the Act, the National Institute of Standards and Technology (NIST) is assigned the “primary responsibility to coordinate development of a framework that includes protocols and model standards for information management to achieve interoperability of Smart Grid devices and systems. . . .”

Under the Act, the Federal Energy Regulatory Commission (FERC) is charged with instituting rulemaking proceedings, and once sufficient consensus is achieved, adopting the standards and protocols necessary to ensure Smart Grid functionality and interoperability in interstate transmission of electric power and in regional and wholesale electricity markets.

Reports to Congress

Section 1309 of Title XIII of the Act requires a report to Congress that includes specific recommendations on each of the following:

1.How Smart Grid systems can help in making the nation's electricity system less vulnerable to disruptions due to intentional acts against the system.

2. How Smart Grid systems can help in restoring the integrity of the nation's electricity system subsequent to disruptions.

3. How Smart Grid systems can facilitate nationwide, interoperable emergency communications and control of the nation's electricity system during times of localized, regional, or nationwide emergency.

4. What risks must be taken into account that Smart Grid systems may, if not carefully created and managed, create vulnerability to security threats of any sort, and how such risks may be mitigated.

Source

• "Reports to Congress" section: Study of Security Attributes of Smart Grid Systems – Current Cyber Security Issues, at 1.