From: Lexology
Carlos E. Gutierrez, Walker Stanovsky, Emily P. Sangi and Nicholas A. Giannasca
On December 4, 2015, President Obama signed into law the “FAST Act”—short for Fixing America’s Surface Transportation Act. Though primarily a highway bill, the FAST Act also includes energy security amendments to the Federal Power Act (“FPA”), several of which affect utilities and others in the electric industry. Many of these changes potentially affect owners, operators, and users of electric infrastructure not ordinarily subject to control by the Federal Energy Regulatory Commission (“FERC”). Thus, the new law potentially affects virtually all regulators, owners, operators, and users of electric generation and transmission infrastructure, even relatively small, intrastate utilities.
The FAST Act creates a new Section 215A in the FPA, much of which revolves around the newly-defined terms “critical electric infrastructure” and “critical electric infrastructure information.”
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