[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37144-37145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12184]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM22-19-000; Order No. 893]


Incentives for Advanced Cybersecurity Investment

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule; correction.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
correcting a final rule that appeared in the Federal Register on May 3, 
2023. The final rule revised the Commission's regulations to provide 
incentive-based rate treatment for the transmission of electric energy 
in interstate commerce and the sale of electric energy at wholesale in 
interstate commerce by utilities for the purpose of benefitting

[[Page 37145]]

consumers by encouraging investments by utilities in Advanced 
Cybersecurity Technology and participation by utilities in 
cybersecurity threat information sharing programs, as directed by the 
Infrastructure Investment and Jobs Act of 2021.

DATES: The rule is effective July 3, 2023.

FOR FURTHER INFORMATION CONTACT: Alan J. Rukin (Legal Information), 
Office of the General Counsel, Federal Energy Regulatory Commission, 
888 First Street NE, Washington, DC 20426, (202) 502-8502, 
[email protected].

SUPPLEMENTARY INFORMATION: In FR Doc. 2023-08929 appearing on pages 
28348-28380, in the Federal Register of Wednesday, May 3, 2023, the 
following corrections are made:

Preamble Corrections

    1. On page 28373, in the second column, the first sentence of 
paragraph 191 is corrected to read as follows:

    191. We note that Sec.  35.48(j) to the Commission's regulations 
declares that utilities may request CEII treatment for the portions 
of their cybersecurity incentive-based rate filings that contains 
CEII. * * *

    2. On page 28374, in the third column, the first sentence of 
paragraph 203 is corrected to read as follows:

    203. We note that Sec.  35.48(j) to the Commission's regulations 
declares that utilities may request CEII treatment for the portions 
of their cybersecurity incentive-based rate informational reports 
that contain CEII. * * *

Regulatory Text Corrections

0
3. Starting on page 28377, in the second column, and going through page 
28378, in the second column, in amendatory instruction 2 for Sec.  
35.48, paragraphs (d) introductory text, (h)(1), and (j) are corrected 
to read as follows:


Sec.  35.48  [Corrected]

* * * * *
    (d) Eligibility criteria. Pursuant to paragraphs (e) through (j) of 
this section, a utility may receive incentive-based rate treatment for 
a cybersecurity investment that:
* * * * *
    (h) * * *
    (1) A demonstration that the cybersecurity investment satisfies the 
eligibility criteria, which includes an attestation that cybersecurity 
investment is not mandatory, as required by paragraph (d)(2) of this 
section, and that the resulting rate is just and reasonable and not 
unduly discriminatory or preferential;
* * * * *
    (j) Transmittal of CEII in incentive applications and annual 
reports. As appropriate, any CEII submitted to the Commission in a 
utility's incentive application made pursuant to paragraph (h) of this 
section or contained in its reporting requirements made pursuant to 
paragraph (i) of this section shall be filed consistent with part 388 
of this title.
* * * * *

    Dated: June 1, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-12184 Filed 6-6-23; 8:45 am]
BILLING CODE 6717-01-P


