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16 U.S.C. § 824s–1 — Incentives for cybersecurity investments

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824s–1 — Incentives for cybersecurity investments

**(a) Definitions** In this section: (1) **Advanced cybersecurity technology** — The term “advanced cybersecurity technology” means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in [section 650 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim)). (2) **Advanced cybersecurity technology information** — The term “advanced cybersecurity technology information” means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. **(b) Study** Not 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 treatment** Not 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

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Stable record: federal_law:legal_authorities:record_usc_37a88c1917db5ee74dc1a7ca
Source file: Laws/federal/codes/united-states-code/title-16/section-824s1-incentives-for-cybersecurity-investments--10ed81c744.md
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Source location: Title 16, Chapter 12, § 824s–1; chapter-012-federal-regulation-and-development-of-power.md

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**(a) Definitions** In this section: (1) **Advanced cybersecurity technology** — The term “advanced cybersecurity technology” means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in [section 650 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim)). (2) **Advanced cybersecurity technology information** — The term “advanced cybersecurity technology information” means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. **(b) Study** Not 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 treatment** Not 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 consideration** In 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 general** — Any 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** — Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. **(f) Single-issue rate filings** The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under [section 824d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824d&num=0&edition=prelim) that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. **(g) Protection of information** Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 824o–1 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18851 — Model guidance for combined heat and power systems and waste heat to power systems

**(a) Definitions** In this section: (1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy. (3) **Other terms** (A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.). (B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim). **(b) Review** (1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18851

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824d — Rates and charges; schedules; suspension of new rates; automatic adjustment clauses

**(a) Just and reasonable rates** All rates and charges made, demanded, or received by any public utility for or in connection with the transmission or sale of electric energy subject to the jurisdiction of the Commission, and all rules and regulations affecting or pertaining to such rates or charges shall be just and reasonable, and any such rate or charge that is not just and reasonable is hereby declared to be unlawful. **(b) Preference or advantage unlawful** No public utility shall, with respect to any transmission or sale subject to the jurisdiction of the Commission, (1) make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, or (2) maintain any unreasonable difference in rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service. **(c) Schedules** Under such rules and regulations as the Commission may prescribe, every public utility shall file with the Commission, within such time and in such form as the Commission may designate, and shall keep open in convenient form and place for public inspection schedules showing all rates and charges for any transmission or sale subject to the jurisdiction of the Commission, and the classifications, practices, and regulations affecting such rates and charges, together with all contracts which in any manner affect or relate to such rates, charges, classifications, and services. **(d) Notice required for rate changes** Unless the Commission otherwise orders, no change shall be made by any public utility in any such rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, except after sixty days’ notice to the Commission and to the public. Such notice

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824d

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1501 — Definitions

In this subchapter: (1) **Agency** — The term “agency” has the meaning given the term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (2) **Antitrust laws** — The term “antitrust laws”— (A) has the meaning given the term in [section 12 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim); (B) includes [section 45 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) to the extent that [section 45 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) applies to unfair methods of competition; and (C) includes any State antitrust law, but only to the extent that such law is consistent with the law referred to in subparagraph (A) or the law referred to in subparagraph (B). (3) **Appropriate Federal entities** — The term “appropriate Federal entities” means the following: (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Homeland Security. (E) The Department of Justice. (F) The Department of the Treasury. (G) The Office of the Director of National Intelligence. (4) **Cybersecurity purpose** — The term “cybersecurity purpose” has the meaning given the term in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (5) **Cybersecurity threat** — The term “cybersecurity threat” has the meaning given the term in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (6) *

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1501

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 650 — Definitions

In this part: (1) **Center** — The term “Center” means the center established under [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section659&num=0&edition=prelim). (2) **Council** — The term “Council” means the Cyber Incident Reporting Council described in [section 681f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681f&num=0&edition=prelim). (3) **Covered cyber incident** — The term “covered cyber incident” means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim). (4) **Covered entity** — The term “covered entity” means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim). (5) **Cyber incident** — The term “cyber incident”— (A) has the meaning given the term “incident” in section 659 11 See References in Text note below. of this title; and (B) does not include an occurrence that imminently, but not actually, jeopardizes— (i) information on information systems; or (ii) information systems. (6) **Cyber threat** — The term “cyber threat” has the meaning given the term “cybersecurity threat” in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (7) **Federal entit

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 650

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 657 — Definitions

Except as otherwise specifically provided, in this subchapter: (1) **Agency** — The term “Agency” means the Cybersecurity and Infrastructure Security Agency. (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (3) **Cloud service provider** — The term “cloud service provider” means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. (4) **Critical infrastructure information** — The term “critical infrastructure information” means information not customarily in the public domain and related to the security of critical infrastructure or protected systems— (A) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety; (B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or (C) any planned or p

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 657

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