Critical Infrastructure Protection Reliability Standard CIP-003-11-Cyber Security-Security Management Controls
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Issuing agencies
Abstract
The Federal Energy Regulatory Commission (Commission) proposes to approve Critical Infrastructure Protection (CIP) Reliability Standard: CIP-003-11 (Cyber Security--Security Management Controls). The North American Electric Reliability Corporation, the Commission- certified electric reliability organization, submitted the proposed Reliability Standard modifications to mitigate risks posed by a coordinated cyberattack on low impact facilities; the aggregate impact of which could be much greater.
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<title>Federal Register, Volume 90 Issue 182 (Tuesday, September 23, 2025)</title>
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[Federal Register Volume 90, Number 182 (Tuesday, September 23, 2025)]
[Proposed Rules]
[Pages 45685-45690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18396]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
[Docket No. RM25-8-000]
Critical Infrastructure Protection Reliability Standard CIP-003-
11--Cyber Security--Security Management Controls
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to approve Critical Infrastructure Protection (CIP) Reliability
Standard: CIP-003-11 (Cyber Security--Security Management Controls).
The North American Electric Reliability Corporation, the Commission-
certified electric reliability organization, submitted the proposed
Reliability Standard modifications to mitigate risks posed by a
coordinated cyberattack on low impact facilities; the aggregate impact
of which could be much greater.
DATES: Comments are due November 24, 2025.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways. Electronic filing through <a href="http://www.ferc.gov">http://www.ferc.gov</a>, is
preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
The Comment Procedures Section of this document contains more
detailed filing procedures.
FOR FURTHER INFORMATION CONTACT:
Jacob Waxman (Technical Information), Office of Electric Reliability,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-6879, <a href="/cdn-cgi/l/email-protection#1e547f7d717c30497f66737f705e787b6c7d30797168"><span class="__cf_email__" data-cfemail="165c777579743841776e7b7778567073647538717960">[email protected]</span></a>.
Chanel Chasanov (Legal Information), Office of General Counsel, Federal
[[Page 45686]]
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426, (202) 502-8569, <a href="/cdn-cgi/l/email-protection#afecc7cec1cac381ecc7cedccec1c0d9efc9caddcc81c8c0d9"><span class="__cf_email__" data-cfemail="a7e4cfc6c9c2cb89e4cfc6d4c6c9c8d1e7c1c2d5c489c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215(d)(2) of the Federal Power Act (FPA),\1\
we propose to approve proposed Reliability Standard CIP-003-11 (Cyber
Security--Security Management Controls), submitted by the North
American Electric Reliability Corporation (NERC), as just, reasonable,
not unduly discriminatory or preferential, and in the public interest.
We also propose to approve the associated violation risk factors,
violation severity levels, implementation plans, and effective dates
for the proposed Reliability Standard, as well as to approve the
retirement of currently effective Reliability Standard CIP-003-9.\2\
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\1\ 16 U.S.C. 824o(d)(2).
\2\ We are issuing a NOPR concurrently in Docket No. RM24-8-000.
In that NOPR, we are proposing to approve proposed Reliability
Standard CIP-003-10, 192 FERC ] 61,228. Here, we are proposing to
approve proposed Reliability Standard CIP-003-11 and have it
supersede Reliability Standard CIP-003-10.
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2. Proposed Reliability Standard CIP-003-11 specifies security
management controls that establish responsibility and accountability to
protect low impact bulk electric system (BES) Cyber Systems against
compromise that could lead to misoperation or instability in the bulk
electric system.\3\ Reliability Standard CIP-003-11, amongst other
obligations, requires entities with assets containing low impact BES
Cyber Systems to document and maintain plans that include controls
specified in Attachment 1 of the Standard. NERC states that the
modifications in proposed Reliability Standard CIP-003-11 would
mitigate the risks posed by a coordinated attack utilizing distributed
low impact BES Cyber Systems by adding controls to authenticate remote
users, protecting the authentication information in transit, and
detecting malicious communications to or between assets containing low
impact BES Cyber Systems with external routable connectivity.\4\
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\3\ NERC Petition at 1.
\4\ Id. at 3-4.
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3. We seek comments on all aspects of proposed Reliability Standard
CIP-003-11 and our proposal to approve the Standard. As discussed
later, we also seek comments on the continuing evolution of threats of
compromise to low impact BES Cyber Systems. Related, we seek comment on
whether it is worthwhile to direct NERC to perform a study or develop a
whitepaper on evolving threats as they relate to the potential
exploitation of low impact BES Cyber Systems.
I. Background
A. Section 215 and Mandatory Reliability Standards
4. Section 215 of the FPA provides that the Commission may certify
an ERO, the purpose of which is to develop mandatory and enforceable
Reliability Standards, subject to Commission review and approval.\5\
Reliability Standards may be enforced by the ERO, subject to Commission
oversight, or by the Commission independently.\6\ Pursuant to section
215 of the FPA, the Commission established a process to select and
certify an ERO,\7\ and subsequently certified NERC.\8\
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\5\ 16 U.S.C. 824o(c).
\6\ Id. 824o(e).
\7\ Rules Concerning Certification of the Elec. Reliability
Org.; & Procs. for the Establishment, Approval, & Enf't of Elec.
Reliability Standards, Order No. 672, 71 FR 8662 (Feb. 17, 2006),
114 FERC ] 61,104, order on reh'g, Order No. 672-A, 71 FR 19814
(Apr. 18, 2006), 114 FERC ] 61,328 (2006); see also 18 CFR 39.4(b).
\8\ N. Am. Elec. Reliability Corp., 116 FERC ] 61,062, order on
reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd sub nom. Alcoa,
Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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B. Low Impact BES Cyber Systems
5. The CIP Reliability Standards apply a ``tiered'' approach with
different obligations depending on whether a BES Cyber System \9\ is
classified as high, medium, or low impact.\10\ The purpose of
categorizing BES Cyber Systems is to apply cybersecurity requirements
consistently, efficiently, and commensurate with the adverse impact
that a loss, compromise, or misuse of those systems could have on the
reliable operation of the Bulk-Power System.
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\9\ BES Cyber Systems are defined as ``one or more BES Cyber
Assets logically grouped by a responsible entity to perform one or
more reliability tasks.'' A BES Cyber Asset is defined as ``[a]
Cyber Asset that if rendered unavailable, degraded, or misused
would, within 15 minutes of its required operation, misoperation, or
non-operation, adversely impact one or more facilities, systems, or
equipment, which, if destroyed degraded or otherwise rendered
unavailable when needed, would affect the reliable operation of the
Bulk Electric System.'' NERC, Glossary of Terms Used in NERC
Reliability Standards 49 (Feb. 26, 2025) (NERC Glossary), <a href="https://www.nerc.com/pa/Stand/GlossaryofTerms/Glossary_of_Terms.pdf">https://www.nerc.com/pa/Stand/GlossaryofTerms/Glossary_of_Terms.pdf</a>.
\10\ Reliability Standard CIP-002-5.1a (BES Cyber System
Categorization) delineates three categories of BES Cyber Systems:
high, medium, and low, determined by a BES Cyber System's potential
impact on Bulk-Power System reliability.
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6. Most individual BES Cyber Systems within the bulk electric
system are categorized as low impact.\11\ Individual low impact BES
Cyber Systems have less of an impact on bulk electric system
reliability than medium or high impact BES Cyber Systems and thus, have
fewer CIP Reliability Standard requirements. Nevertheless, low impact
BES Cyber Systems may still introduce reliability risks of a higher
impact when distributed low impact BES Cyber Systems are subjected to a
coordinated cyber-attack.
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\11\ See, e.g., NERC, Low Impact Criteria Review Report 5 (Oct.
2022) (Low Impact Criteria Review Report), <a href="https://www.nerc.com/pa/comp/SupplyChainRiskMitigationProgramDL/NERC_LICRT_White_Paper_clean.pdf#search=low%20impact%20criteria%20review%20report">https://www.nerc.com/pa/comp/SupplyChainRiskMitigationProgramDL/NERC_LICRT_White_Paper_clean.pdf#search=low%20impact%20criteria%20review%20report</a>.
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II. NERC Petition \12\
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\12\ The proposed Reliability Standard is not attached to this
NOPR. The proposed Reliability Standard is available on the
Commission's eLibrary document retrieval system in Docket No. RM25-
8-000 and on the NERC website, <a href="http://www.nerc.com">www.nerc.com</a>.
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7. On December 20, 2024, NERC submitted proposed Reliability
Standard CIP-003-11 for Commission approval. NERC explains that, in
response to the SolarWinds Orion platform attack, and at the direction
of the NERC Board of Trustees, NERC staff assembled a team of
cybersecurity experts and compliance experts called the Low Impact
Criteria Review Team (LICRT) that developed a report that discussed the
potential threats and risks posed by a coordinated attack on low impact
BES Cyber Systems.\13\ NERC's proposed modifications made in
Reliability Standard CIP-003-11 reflect many of the recommendations
from the LICRT.\14\
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\13\ NERC Petition at 8.
\14\ See id. at 1-2, 9.
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8. NERC states that the proposed Reliability Standard would enhance
reliability by mitigating the risk posed by a coordinated attack
utilizing distributed low impact BES Cyber Systems.\15\ NERC explains
that, to address the threat of a coordinated attack on dispersed low
impact BES Cyber Systems, the proposed Standard adds controls to: (1)
authenticate remote users, (2) protect the authentication information
in transit, and (3) detect malicious communications to or between
assets containing low impact BES Cyber Systems with external routable
connectivity.\16\
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\15\ Id. at 11.
\16\ Id.
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9. The above enhancements are reflected primarily in modifications
to Requirement R1 and Attachment 1 of proposed Reliability Standard
CIP-003-11. Specifically, NERC proposed to remove Requirement R1 Part
1.2.6 on vendor electronic remote access security controls.\17\ NERC
explains that this change reflects the proposed deletion of Attachment
1, Section 6 (vendor electronic remote access and security controls),
which was combined into Attachment 1, Section 3 (electronic
[[Page 45687]]
access controls).\18\ NERC also states that the proposed changes remove
the word ``remote'' from the phrase ``electronic remote access'' as the
section would now include all electronic access.\19\
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\17\ Id. at 12.
\18\ Id. at 12-13.
\19\ Id. at 15.
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10. NERC explains that proposed Attachment 1, Section 3.1.2 would
expand the scope of Reliability Standard CIP-003 to include all
communications, rather than only vendor specific communications.\20\
According to NERC, this revision would help entities mitigate the risk
posed by malicious communications to or from BES Cyber Systems, while
allowing entities the flexibility as to where the control is
implemented based on their architecture.\21\ Further, NERC notes that
proposed Attachment 1, Section 3.1.3 would mitigate the risk of
unauthenticated access to networks on which low impact BES Cyber
Systems reside; specifically, it would require entities to implement
controls to authenticate users prior to permitting access to networks
containing low impact BES Cyber Systems or Shared Cyber Infrastructure
that supports a low impact BES Cyber System.\22\ In addition, NERC
explains that proposed Attachment 1, Section 3.1.4 would require
responsible entities to protect their user authentication information
while in transit between a remote user's Cyber Asset and either the
asset containing the low impact BES Cyber Systems or the entity's
authentication system.\23\
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\20\ Id. at 16.
\21\ Id.
\22\ Id. (stating that each user would thus be authenticated
before they gain access to the network containing low impact BES
Cyber systems).
\23\ Id. at 18 (noting that this protection would mitigate the
risk of user authentication information being captured).
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11. NERC's proposed implementation plan states that the proposed
Standard would become effective on the first day of the first calendar
quarter that is 36 months after the effective date of the Commission's
order approving the proposed Reliability Standard.\24\ NERC explains
that its proposed implementation plan reflects the time needed for
entities to: (1) revise their cyber security policy, plan, and
procedures; (2) hire and train new staff to implement the new cyber
security controls; (3) reconfigure system, network, or security
architectures; and (4) purchase, procure, and install new
technologies.\25\
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\24\ Id. at 20.
\25\ Id. at 21.
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III. Discussion
12. Pursuant to section 215(d)(2) of the FPA, we propose to approve
proposed Reliability Standard CIP-003-11 as just, reasonable, not
unduly discriminatory or preferential, and in the public interest. We
also propose to approve the associated violation risk factors,
violation severity levels, implementation plans, and effective dates of
Reliability Standard CIP-003-11, as well as to approve the retirement
of currently effective Reliability Standard CIP-003-9.\26\
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\26\ See supra note 2 (explaining that approval of Reliability
Standard CIP-003-11 would also supersede CIP-003-10, pending before
the Commission); see also NERC Petition at 22 (requesting retirement
of ``proposed Reliability Standard CIP-003-10, or the version of
Reliability Standard CIP-003 then in effect'').
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13. We believe that the proposed Reliability Standard represents an
improvement over the currently mandatory and effective CIP Reliability
Standards. The Low Impact Criteria Review Report identified several
risks to low impact BES Cyber Systems that proposed CIP-003-11
addresses by introducing new security controls. The proposed Standard
improves upon previous versions of CIP-003 by requiring responsible
entities, for each asset containing low impact BES Cyber Systems, to
detect malicious traffic, authenticate all users, and protect
authentication data from unauthenticated access. We seek comment on all
aspects of the proposed Reliability Standard and solicit comments
regarding another matter discussed immediately below.
14. As discussed above, NERC developed the proposed modifications
to Reliability Standard CIP-003-11 based on the recommendations of the
Low Impact Criteria Review Report. Since 2022, however, there have been
evolving threats that could potentially compromise low impact BES Cyber
Systems and serve as a launch point to compromise other external BES
Cyber Systems, including high and medium impact BES Cyber Systems.
15. In 2023 and 2024, the Federal Bureau of Investigation (FBI) and
the Cybersecurity and Infrastructure Security Agency (CISA) reported
that Volt Typhoon, an advanced persistent threat group linked to
China,\27\ maintained unauthorized access to the operational technology
network of a small public power utility.\28\ In the continental United
States, Volt Typhoon has exploited weak security controls, existing
remote administration tools, and VPN connections.\29\ These cyber-
attackers leveraged the trust of less protected systems to move
laterally and pivot, compromising externally connected, higher
criticality targets.\30\ Although Volt Typhoon is a more recent
example, cyber attackers have used malware in the past to cause power
outages.\31\ For instance, according to CISA, the attack methodology
seen in the CrashOverride malware attack could be adapted to impact
U.S. critical infrastructure.\32\ Under the proposed Standard, low
impact BES Cyber Systems are only required to detect, not monitor,
detect, and mitigate (together as a bundle of complimentary security
controls) potential or actual security events.\33\ Thus, under the
proposed Standard, an entity does not have to respond to or mitigate
the risk of compromise to its low impact BES Cyber Systems. Further, in
the proposed Standard, an entity is not required to authorize and
restrict electronic access to any other Cyber Asset that is on the same
network as the low impact BES Cyber System,\34\ thereby putting the low
impact BES Cyber System at a greater risk of compromise.\35\ As such,
we seek to understand opportunities to strengthen the controls of low
impact BES Cyber Systems while also addressing the continuing evolution
of
[[Page 45688]]
cybersecurity threats such as Volt Typhoon.
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\27\ See DHS CISA, People's Republic of China State-Sponsored
Cyber Actor Living off the Land to Evade Detection (June 2023),
<a href="https://media.defense.gov/2023/May/24/2003229517/-1/-1/0/CSA_PRC_State_Sponsored_Cyber_Living_off_the_Land_v1.1.PDF">https://media.defense.gov/2023/May/24/2003229517/-1/-1/0/CSA_PRC_State_Sponsored_Cyber_Living_off_the_Land_v1.1.PDF</a>; see also
DHS CISA, Nation State Threats, https://www.cisa.gov/topics/cyber-
threats-and-advisories/nation-state-cyber-
actors#:~:text=APT%20actors%20are%20well%2Dresourced,network/
system%20disruption%20or%20destruction (stating that advanced
persistent threat groups engage in sophisticated malicious cyber
activity aimed at prolonged network/system intrusion).
\28\ See DRAGOS, Hunting Active Threats in Littleton's Grid with
the Dragos Platform and OT Watch (Feb. 2025), <a href="https://www.dragos.com/wp-content/uploads/2025/03/Dragos_Littleton_Electric_Water_CaseStudy.pdf">https://www.dragos.com/wp-content/uploads/2025/03/Dragos_Littleton_Electric_Water_CaseStudy.pdf</a>.
\29\ See id.; see also DARKREADING, Volt Typhoon Strikes
Massachusetts Power Utility (Mar. 12, 2025), <a href="https://www.darkreading.com/cyberattacks-data-breaches/volt-typhoon-strikes-massachusetts-power-utility">https://www.darkreading.com/cyberattacks-data-breaches/volt-typhoon-strikes-massachusetts-power-utility</a>.
\30\ See e.g., Joint CISA Advisory, PRC State-Sponsored Actors
Compromise and Maintain Persistent Access to U.S. Critical
Infrastructure 13-14 (Feb. 7, 2024), <a href="https://www.cisa.gov/sites/default/files/2024-03/aa24-038a_csa_prc_state_sponsored_actors_compromise_us_critical_infrastructure_3.pdf">https://www.cisa.gov/sites/default/files/2024-03/aa24-038a_csa_prc_state_sponsored_actors_compromise_us_critical_infrastructure_3.pdf</a>.
\31\ See e.g., DHS CISA, Alert: TA17-163A CrashOverride Malware,
(July 20, 2021), <a href="https://www.cisa.gov/news-events/alerts/2017/06/12/crashoverride-malware">https://www.cisa.gov/news-events/alerts/2017/06/12/crashoverride-malware</a>.
\32\ See id.
\33\ See NERC Petition at 1-4, 9, 11.
\34\ See id., Ex. A-1 at 19-20.
\35\ For high and medium impact BES Cyber Systems, the CIP
Reliability Standards require that all electronic access to a
network in which the BES Cyber System is connected be controlled
(i.e., authorized and restricted). See Reliability Standard CIP-005-
7, Requirement R1, Parts 1.2 and 1.3.
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16. In light of the above discussion, we seek comment on the
continuing evolution of threat of compromise to low impact BES Cyber
Systems posed by Volt Typhoon and similar cyberattacks that initially
impact low impact BES Cyber Systems and then move laterally and pivot
to higher impact BES Cyber Systems to effectuate a broader campaign. We
seek comment from NERC, electric industry stakeholders, and other
interested persons regarding the potential risk of the cyber threat
discussed above, as well as electric industry stakeholders' activities
to mitigate the described cyber threat.\36\ We also seek comment on
whether it is worthwhile to direct NERC to perform a study or develop a
whitepaper, (essentially updating the Low Impact Criteria Review
Report), on evolving threats as they relate to the potential
exploitation of low impact BES Cyber Systems.
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\36\ Commenters should not include Critical Energy/Electric
Infrastructure Information (CEII) in their submissions.
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IV. Information Collection Statement
17. The FERC-725B information collection requirements are subject
to review by the Office of Management and Budget (OMB) under section
3507(d) of the Paperwork Reduction Act of 1995. OMB's regulations
require approval of certain information collection requirements imposed
by agency rules. Upon approval of a collection of information, OMB will
assign an OMB control number and expiration date. Respondents subject
to the filing requirements will not be penalized for failing to respond
to these collections of information unless the collections of
information display a valid OMB control number. The Commission solicits
comments on the need for this information, whether the information will
have practical utility, the accuracy of the burden estimates, ways to
enhance the quality, utility, and clarity of the information to be
collected or retained, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques.
18. The Commission bases its paperwork burden estimates on the
additional paperwork burden presented by the proposed Reliability
Standard CIP-003-11 as this is a modification to an existing
Reliability Standard. Reliability Standards are objective-based and
allow entities to choose compliance approaches best tailored to their
systems. The NERC Compliance Registry, as of June 2025, identifies
approximately 1,673 unique U.S. entities that are subject to mandatory
compliance with CIP Reliability Standards, each of which will face an
increased paperwork burden under proposed Reliability Standard CIP-003-
11. Based on these assumptions, we estimate the following reporting
burden:
Total Changes Proposed by the NOPR in Docket No. RM25-8-000 \37\
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Annual
number of Cost per
Number of responses Total number of Average burden & cost Total annual burden hours & respondent
respondents per responses per response \38\ total annual cost ($)
respondent
(1) (2) (1) * (2) = (3) (4)................... (3) * (4) = (5)................. (5) / (1)
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Create one or more documented 1,673 1 1,673 1 hr.; $97............ 1,673 hrs.; $162,281............ $97
process(es) (R2).
R2, Attachment 1, Section 2, 1,673 1 1,673 2 hrs.; $194.......... 3,346 hrs.; $324,562............ 194
Physical Security Controls.
R2, Attachment 1, Section 3, 1,673 1 1,673 1hr.; $97............. 1,673 hrs.; $162,281............ 97
Electronic Access Controls.
R2, Attachment 1, Section 3.1...... 1,673 1 1,673 5 hrs.; $485.......... 8,365 hrs.; $811,405............ 485
R2, Attachment 1, Section 3.1.1.... 1,673 1 1,673 2 hrs.; $194.......... 3,346 hr.; $324,562............. 194
R2, Attachment 1, Section 3.1.2.... 1,673 1 1,673 20 hrs.; $1,940....... 33,460 hrs.; $3,245,620......... 1,940
R2, Attachment 1, Section 3.1.3.... 1,673 1 1,673 60 hrs.; $5,820....... 100,380 hrs.; $9,736,860........ 5,820
R2, Attachment 1, Section 3.1.4.... 1,673 1 1,673 60 hrs.; $5,820....... 100,380 hrs.; $9,736,860........ 5,820
R2, Attachment 1, Section 3.1.5.... 1,673 1 1,673 1 hr.; $97............ 1,673 hrs.; $162,281............ 97
R2, Attachment 1, Section 3.1.6.... 1,673 1 1,673 1 hr.; $97............ 1,673 hr.; $162,281............. 97
R2, Attachment 1, Section 3.2...... 1,673 1 1,673 1 hr.; $97............ 1,673 hrs.; $162,281............ 97
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Total burden for FERC-725B(5) under ........... ............ 1,673 ...................... 257,642 hrs.; 24,991,274........ 14,938
CIP-003-11.
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19. The responses and burden hours for Years 1-3 will total
respectively as follows:
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\37\ The paperwork burden estimate includes costs associated
with the initial development of a policy to address the
requirements.
\38\ This burden applies in Year 1 to Year 3.
The hourly cost for wages is based in part on the average of the
occupational categories from the Bureau of Labor Statistics website
(<a href="http://www.bls.gov/oes/current/naics2_22.htm">http://www.bls.gov/oes/current/naics2_22.htm</a>) plus benefits:
Legal (Occupation Code: 23-0000): $162.66
Electrical Engineer (Occupation Code: 17-2071): $79.31
Office and Administrative Support (Occupation Code: 43-0000):
$48.59
($162.66 + $79.31 + $48.59) / 3 = $96.85
The figure is rounded to $97.00 for use in calculating wage
figures in this NOPR.
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<bullet> Year 1-3 total: 1,673 responses; 257,642 hours.
<bullet> The annual cost burden for each Year 1 to 3 is $8,330,425.
Title: Mandatory Reliability Standards, Revised Critical
Infrastructure Protection Reliability Standards.
Action: Revision to FERC-725B information collection.
OMB Control No.: 1902-0248.
Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
Frequency of Responses: On Occasion.
Necessity of the Information: This NOPR proposes to approve the
requested modifications to the proposed Standard on critical
infrastructure protection. As discussed above, the Commission proposes
to approve proposed CIP-003-11 pursuant to section 215(d)(2) of the FPA
because it improves upon the currently-effective Standard.
Internal Review: The Commission has reviewed the proposed
Reliability Standard and made a determination that its action is
necessary to implement section 215 of the FPA.
20. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426 [Attention: Kayla
[[Page 45689]]
Williams, Office of the Executive Director, email:
<a href="/cdn-cgi/l/email-protection#2d694c594c6e41484c5f4c434e486d4b485f4e034a425b"><span class="__cf_email__" data-cfemail="35715441547659505447545b565075535047561b525a43">[email protected]</span></a>, phone: (202) 502-6468].
21. For submitting comments concerning the collection(s) of
information and the associated burden estimate(s), please send your
comments to the Commission, and to the Office of Management and Budget,
Office of Information and Regulatory Affairs, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission,
phone: (202) 395-4638, fax: (202) 395-7285]. For security reasons,
comments to OMB should be submitted by email to:
<a href="/cdn-cgi/l/email-protection#b9d6d0cbd8e6caccdbd4d0cacad0d6d7f9d6d4db97dcd6c997ded6cf"><span class="__cf_email__" data-cfemail="cba4a2b9aa94b8bea9a6a2b8b8a2a4a58ba4a6a9e5aea4bbe5aca4bd">[email protected]</span></a>. Comments submitted to OMB should include
Docket Number RM25-8-000 and OMB Control Number 1902-0248.
V. Environmental Analysis
22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\39\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\40\ The actions proposed
herein fall within this categorical exclusion in the Commission's
regulations.
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\39\ Reguls. Implementing the Nat'l Env't Pol'y Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 30,783
(1987) (cross-referenced at 41 FERC ] 61,284).
\40\ 18 CFR 380.4(a)(2)(ii).
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VI. Regulatory Flexibility Act Certification
23. The Regulatory Flexibility Act of 1980 (RFA) \41\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Small Business Administration's (SBA) Office of Size Standards
develops the numerical definition of a small business.\42\ The SBA
revised its size standard for electric utilities (effective March 17,
2023) to a standard based on the number of employees, including
affiliates (from the prior standard based on megawatt hour sales).\43\
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\41\ 5 U.S.C. 601-612.
\42\ 13 CFR 121.101.
\43\ 13 CFR 121.201, Subsector 221 (Utilities).
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24. Proposed Reliability Standard CIP-003-11 is expected to impose
an additional burden on 1,673 U.S. entities \44\ (reliability
coordinators, generator operators, generator owners, interchange
coordinators or authorities, transmission operators, balancing
authorities, transmission owners, and certain distribution providers).
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\44\ Public utilities may fall under one of several different
categories, each with a size threshold based on the company's number
of employees, including affiliates, the parent company, and
subsidiaries. For the analysis in this NOPR, we are using a 500
employee threshold for each affected entity to conduct a
comprehensive analysis.
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Of the 1,673 affected entities discussed above, we estimate that
406 entities are small entities and, therefore, will be affected by the
proposed modifications to CIP-003-11. We estimate that each of the 406
small entities to whom the proposed modifications of CIP-003-11 applies
will incur one-time costs of approximately $19,000 per entity to
implement this Standard, in addition to the ongoing paperwork burden
reflected in the Information Collection Statement (a total of $14,938
per entity over Years 1-3), giving a total one-time cost of $33,938 per
entity. We do not consider the estimated one-time costs for these 406
small entities to have a significant economic impact.
25. We view this as a minimal economic impact for each entity.
Accordingly, we certify that proposed Reliability Standard CIP-003-11
will not have a significant economic impact on a substantial number of
small entities. Thus, no regulatory flexibility analysis is required.
VII. Comment Procedures
26. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due November 24, 2025. Comments must refer to
Docket No. RM25-8-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
27. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software must be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
28. Commenters that are not able to file comments electronically
may file an original of their comment by USPS mail or by courier-or
other delivery services. For submission sent via USPS only, filings
should be mailed to: Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of
filings other than by USPS should be delivered to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
VIII. Document Availability
29. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
30. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
31. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#a3c5c6d1c0cccdcfcacdc6d0d6d3d3ccd1d7e3c5c6d1c08dc4ccd5"><span class="__cf_email__" data-cfemail="32545740515d5c5e5b5c57414742425d404672545740511c555d44">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#275752454b4e44095542414255424944425548484a674142554409404851"><span class="__cf_email__" data-cfemail="205055424c49430e5245464552454e4345524f4f4d60464552430e474f56">[email protected]</span></a>.
IX. Regulatory Planning and Review
32. Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Information and Regulatory Affairs (OIRA)
has determined this regulatory action is not a ``significant regulatory
action,'' under section 3(f) of Executive Order 12866, as amended.
Accordingly,
[[Page 45690]]
OIRA has not reviewed this regulatory action for compliance with the
analytical requirements of Executive Order 12866.
By the Commission.
Issued: September 18, 2025.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2025-18396 Filed 9-22-25; 8:45 am]
BILLING CODE 6717-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.