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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.


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:
  1. Increased use of digital information and controls technology to improve reliability, security, and efficiency of the electric grid.
  2. Dynamic optimization of grid operations and resources, with full cyber-security. . . .

Key provisions of Title XIII include:

Distinguishing characteristics of the Smart Grid cited in EISA include:

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. . . .”[1]

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.


  1. EISA Title XIII, Section 1305.