FERC Adopts FAST Act Provisions On Critical Infrastructure Information

On November 17, 2016, FERC issued a final rule amending and clarifying its regulations to implement provisions of the Fixing America's Surface Transportation Act (the "FAST Act") regarding the designation, protection, and sharing of Critical Energy/Electric Infrastructure Information ("CEII"). In doing so, FERC established criteria and procedures for the designation of CEII, prohibited unauthorized disclosure of CEII, created sanctions for the unauthorized disclosure of CEII by FERC personnel, and permitted the voluntary sharing of CEII among appropriate entities.

The FAST Act, signed into law on December 4, 2015, requires FERC to issue regulations aimed at securing and sharing sensitive infrastructure information. On July 5, 2016, FERC issued a Notice of Proposed Rulemaking (the "NOPR") to implement the provisions of the FAST Act. In the NOPR, FERC proposed several amendments to its existing regulations, including the creation of criteria and procedures for the