From: Young, Tyler (Reading) Sent: Wednesday, May 26, 2021 1:42 PM To: ElectricSystemEO Subject: [EXTERNAL] Submission of Comments in response to Notice of RFI on Ensuring the Continued Security of the United States Critical Electric Infrastructure - Document citation 86 FR 21309, document number 2021-08482 Dear Director Michael Coe, Thank you and the Department of Energy for the opportunity to submit comments in response to Notice of RFI on Ensuring the Continued Security of the United States Critical Electric Infrastructure. Please accept my comments submitted below in response to Section II, A. Development of a Long-Term Strategy, in the noted RFI. I have italicized my comments below each question. 1. What technical assistance would States, Indian Tribes, or units of local government need to enhance their security efforts relative to the electric system? States, Indian Tribes and units of local government face a significant challenge to enhance their security efforts relative to the electric system. The bulk power system (BPS) is complex and operates around the clock to provide reliable and secure power. Only qualified professionals with the requisite knowledge and training should be tasked with assessing the current level of security adequacy and to identify areas that require additional security enhancement. As the designated Sector Risk Management Agency, it is suggested that the Department of Energy examine the possibility of securing federal funding to assist States, Indian Tribes and units of local government to review their current security efforts relative to the electric system. It is envisioned that States, Indian Tribes and units of local government would utilize such funding to retain professional services from electric system industry consultants to perform the security review and make recommendations for enhancement. 2. What specific additional actions could be taken by regulators to address the security of critical electric infrastructure and the incorporation of criteria for evaluating foreign ownership, control, and influence into supply chain risk management, and how can the Department of Energy best inform those actions? Regulators can cooperate with electric system stakeholders to develop new mandatory reviews, assessment, and mitigation measures to augment existing North American Electric Reliability Corporation (NERC) standards, which are applicable to the BPS. NERC already has an established Compliance and Enforcement program to improve the reliability of the BPS in North America, and electric utilities are familiar with this program. The Department of Energy can liaison with both the Federal Energy Regulatory Commission (FERC) and NERC to coordinate rulemaking efforts to include such mandatory enhancements. 3. What actions can the Department take to facilitate responsible and effective procurement practices by the private sector? What are the potential costs and benefits of those actions? The Department of Energy, through coordination with FERC and NERC, can encourage the private sector to practice responsible and effective procurement by providing incentives for compliance with regulations on foreign influence and control. All major participants in the electricity markets in the United States already need to comply with applicable mandatory standards. The private sector’s continued participation in the electricity markets can be tied to related downstream procurement practices. Certainly there are potential costs and benefits to be considered, and all stakeholders should be provided an opportunity to thoroughly study the impacts of future rulemaking. Costs can include increased financial burden on the private sector which causes uplift costs to be shared with the end user loads. This may take the form of increased electricity tariffs. Benefits can include greater independence of supply chains within the United States from foreign ownership and control, which may lead to increased employment in the United States. 4. Are there particular criteria the Department could issue to inform utility procurement policies, state requirements, or FERC mandatory reliability standards to mitigate foreign ownership, control, and influence risks? Department of Energy may consider issuing a criteria whereby a certain percentage of utility procurement (of both goods and services to be performed) must be sourced entirely within the United States. Any such criteria must be harmonized with state requirements and FERC mandatory reliability standards. There may be instances where such a criteria cannot be met, because of the specialized and unique nature of the good or service being procured. Therefore, a clear set of waivers should accompany any actionable criteria to handle such exceptional circumstances. ---------------------------------------------------- Please accept my comments submitted below in response to Section II, B. Prohibition Authority, in the noted RFI. I have italicized my comments below each question. 1. To ensure the national security, should the Secretary seek to issue a Prohibition Order or other action that applies to equipment installed on parts of the electric distribution system, i.e., distribution equipment and facilities? The Secretary should seek to issue a Prohibition Order or other action that applies to equipment installed on parts of the electric distribution system. The distribution system is the intermediary system between the BPS and the end user load in many instances. While the distribution system may not be as critical as the BPS for large scale grid reliability, the distribution system may be directly tied to sensitive installations which a foreign adversary may seek to exploit. 2. In addition to DCEI, should the Secretary seek to issue a Prohibition Order or other action that covers electric infrastructure serving other critical infrastructure sectors including communications, emergency services, healthcare and public health, information technology, and transportation systems? The Secretary should seek to issue a Prohibition Order or other action that covers electric infrastructure serving other critical infrastructure sectors including communications, emergency services, healthcare and public health, information technology and transportation systems. All of these areas, if left unprotected, can be exploited by a foreign adversary. Indeed, such areas are prime targets in addition to the BPS. 3. In addition to critical infrastructure, should the Secretary seek to issue a Prohibition Order or other action that covers electric infrastructure enabling the national critical functions? The Secretary should seek to issue a Prohibition Order or other action the covers electric infrastructure enabling the national critical functions. 4. Are utilities sufficiently able to identify critical infrastructure within their service territory that would enable compliance with such requirements? Some utilities may be sufficiently able to identify critical infrastructure within their service territory to enable compliance with such requirements. However, others may require assistance from external consultants to assess and develop a compliance plan. ---------------------------------------------------- Thank you again for the opportunity to submit comments. Best regards, Tyler Young Chief Electrical Engineer, Worley One Meridian Boulevard Suite 2C02 Wyomissing, PA 19610 www.worley.com