---
kind: "section"
citation: "16 U.S.C. § 824o–1"
title: "16"
title_heading: "Conservation"
number: "824o–1"
heading: "Critical electric infrastructure security"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/824o-1"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter II — Regulation of Electric Utility Companies Engaged in Interstate Commerce"
---

# §824o–1. Critical electric infrastructure security

- (a) **Definitions—** For purposes of this section:
  - (1) **Bulk-power system; Electric Reliability Organization; regional entity—** The terms “bulk-power system”, “Electric Reliability Organization”, and “regional entity” have the meanings given such terms in paragraphs [(1)](/usc/16/824o.md?p=a-1), [(2)](/usc/16/824o.md?p=a-2), and [(7)](/usc/16/824o.md?p=a-7) of section 824o(a) of this title, respectively.
  - (2) **Critical electric infrastructure—** The term “critical electric infrastructure” means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national [security](/usc/16/796.md?p=16), economic [security](/usc/16/796.md?p=16), public health or safety, or any combination of such matters.
  - (3) **Critical electric infrastructure information—** The term “critical electric infrastructure information” means information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided to the [Commission](/usc/16/544.md?p=c) or other Federal agency, other than classified national [security](/usc/16/796.md?p=16) information, that is designated as critical electric infrastructure information by the [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [subsection (d)](#d). Such term includes information that qualifies as critical energy infrastructure information under the [Commission](/usc/16/544.md?p=c)’s regulations.
  - (4) **Defense critical electric infrastructure—** The term “defense critical electric infrastructure” means any electric infrastructure located in any of the 48 contiguous [States](/usc/16/544.md?p=r) or the District of Columbia that serves a facility designated by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [subsection (c)](#c), but is not owned or operated by the [owner](/usc/16/429b–3.md?p=4) or operator of such facility.
  - (5) **Electromagnetic pulse—** The term “electromagnetic pulse” means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse.
  - (6) **Geomagnetic storm—** The term “geomagnetic storm” means a temporary disturbance of the Earth’s magnetic field resulting from solar activity.
  - (7) **Grid security emergency—** The term “grid [security](/usc/16/796.md?p=16) emergency” means the occurrence or imminent danger of—
    - (A)
      - (i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure; and
      - (ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure, as a result of such act or event; or
    - (B)
      - (i) a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure; and
      - (ii) significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack.
  - (8) **Secretary—** The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of Energy.
- (b) **Authority to address grid security emergency—**
  - (1) **Authority—** Whenever the President issues and provides to the [Secretary](/usc/16/410r–5.md?p=c-1) a written directive or determination identifying a grid [security](/usc/16/796.md?p=16) emergency, the [Secretary](/usc/16/410r–5.md?p=c-1) may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency. As soon as practicable but not later than 180 days after December 4, 2015, the [Secretary](/usc/16/410r–5.md?p=c-1) shall, after notice and opportunity for comment, establish rules of procedure that ensure that such authority can be exercised expeditiously.
  - (2) **Notification of Congress—** Whenever the President issues and provides to the [Secretary](/usc/16/410r–5.md?p=c-1) a written directive or determination under [paragraph (1)](#b-1), the President shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, such directive or determination.
  - (3) **Consultation—** Before issuing an order for emergency measures under [paragraph (1)](#b-1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall, to the extent practicable in light of the nature of the grid [security](/usc/16/796.md?p=16) emergency and the urgency of the need for action, consult with appropriate governmental authorities in Canada and Mexico, entities described in [paragraph (4)](#b-4), the Electricity Sub-sector Coordinating Council, the [Commission](/usc/16/544.md?p=c), and other appropriate Federal agencies regarding implementation of such emergency measures.
  - (4) **Application—** An order for emergency measures under this subsection may apply to—
    - (A) the Electric Reliability Organization;
    - (B) a regional entity; or
    - (C) any [owner](/usc/16/429b–3.md?p=4), user, or operator of critical electric infrastructure or of defense critical electric infrastructure within the United States.
  - (5) **Expiration and reissuance—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#b-5-B), an order for emergency measures issued under [paragraph (1)](#b-1) shall expire no later than 15 days after its issuance.
    - (B) **Extensions—** The [Secretary](/usc/16/410r–5.md?p=c-1) may reissue an order for emergency measures issued under [paragraph (1)](#b-1) for subsequent periods, not to exceed 15 days for each such period, provided that the President, for each such period, issues and provides to the [Secretary](/usc/16/410r–5.md?p=c-1) a written directive or determination that the grid [security](/usc/16/796.md?p=16) emergency identified under [paragraph (1)](#b-1) continues to exist or that the emergency measure continues to be required.
  - (6) **Cost recovery—**
    - (A) **Critical electric infrastructure—** If the [Commission](/usc/16/544.md?p=c) determines that [owners](/usc/16/429b–3.md?p=4), operators, or users of critical electric infrastructure have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such [owners](/usc/16/429b–3.md?p=4), operators, or users, the [Commission](/usc/16/544.md?p=c) shall, consistent with the requirements of [section 824d of this title](/usc/16/824d.md), after notice and an opportunity for comment, establish a mechanism that permits such [owners](/usc/16/429b–3.md?p=4), operators, or users to recover such costs.
    - (B) **Defense critical electric infrastructure—** To the extent the [owner](/usc/16/429b–3.md?p=4) or operator of defense critical electric infrastructure is required to [take](/usc/16/3102.md?p=18) emergency measures pursuant to an order issued under this subsection, the [owners](/usc/16/429b–3.md?p=4) or operators of a critical defense facility or facilities designated by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [subsection (c)](#c) that rely upon such infrastructure shall bear the full incremental costs of the measures.
  - (7) **Temporary access to classified information—** The [Secretary](/usc/16/410r–5.md?p=c-1), and other appropriate Federal agencies, shall, to the extent practicable and consistent with their obligations to protect classified information, provide temporary access to classified information related to a grid [security](/usc/16/796.md?p=16) emergency for which emergency measures are issued under [paragraph (1)](#b-1) to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the [Secretary](/usc/16/410r–5.md?p=c-1) and other appropriate Federal agencies regarding the grid [security](/usc/16/796.md?p=16) emergency.
- (c) **Designation of critical defense facilities—** Not later than 180 days after December 4, 2015, the [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with other appropriate Federal agencies and appropriate [owners](/usc/16/429b–3.md?p=4), users, or operators of infrastructure that may be defense critical electric infrastructure, shall identify and designate facilities located in the 48 contiguous [States](/usc/16/544.md?p=r) and the District of Columbia that are—
  - (1) critical to the defense of the United States; and
  - (2) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider.

  The [Secretary](/usc/16/410r–5.md?p=c-1) may, in consultation with appropriate Federal agencies and appropriate [owners](/usc/16/429b–3.md?p=4), users, or operators of defense critical electric infrastructure, periodically revise the list of designated facilities as necessary.

- (d) **Protection and sharing of critical electric infrastructure information—**
  - (1) **Protection of critical electric infrastructure information—** Critical electric infrastructure information—
    - (A) shall be exempt from disclosure under [section 552(b)(3) of title 5](/usc/5/552.md?p=b-3); and
    - (B) shall not be made available by any Federal, [State](/usc/16/796.md?p=6), political [subdivision](/usc/16/539m–1.md?p=15) or tribal authority pursuant to any Federal, [State](/usc/16/796.md?p=6), political [subdivision](/usc/16/539m–1.md?p=15) or tribal law requiring public disclosure of information or records.
  - (2) **Designation and sharing of critical electric infrastructure information—** Not later than one year after December 4, 2015, the [Commission](/usc/16/544.md?p=c), after consultation with the [Secretary](/usc/16/410r–5.md?p=c-1), shall promulgate such regulations as necessary to—
    - (A) establish criteria and procedures to designate information as critical electric infrastructure information;
    - (B) prohibit the unauthorized disclosure of critical electric infrastructure information;
    - (C) ensure there are appropriate sanctions in place for Commissioners, officers, employees, or agents of the [Commission](/usc/16/544.md?p=c) or the Department of Energy who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section; and
    - (D) [taking](/usc/16/3102.md?p=18) into account standards of the Electric Reliability Organization, facilitate voluntary sharing of critical electric infrastructure information with, between, and by—
      - (i) Federal, [State](/usc/16/796.md?p=6), political [subdivision](/usc/16/539m–1.md?p=15), and tribal authorities;
      - (ii) the Electric Reliability Organization;
      - (iii) regional entities;
      - (iv) information sharing and analysis centers established pursuant to Presidential Decision Directive 63;
      - (v) [owners](/usc/16/429b–3.md?p=4), operators, and users of critical electric infrastructure in the United States; and
      - (vi) other entities determined appropriate by the [Commission](/usc/16/544.md?p=c).
  - (3) **Authority to designate—** Information may be designated by the [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1) as critical electric infrastructure information pursuant to the criteria and procedures established by the [Commission](/usc/16/544.md?p=c) under [paragraph (2)(A)](#d-2-A).
  - (4) **Considerations—** In exercising their respective authorities under this subsection, the [Commission](/usc/16/544.md?p=c) and the [Secretary](/usc/16/410r–5.md?p=c-1) shall [take](/usc/16/3102.md?p=18) into consideration the role of [State commissions](/usc/16/796.md?p=15) in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions.
  - (5) **Protocols—** The [Commission](/usc/16/544.md?p=c) and the [Secretary](/usc/16/410r–5.md?p=c-1) shall, in consultation with Canadian and Mexican authorities, develop protocols for the voluntary sharing of critical electric infrastructure information with Canadian and Mexican authorities and [owners](/usc/16/429b–3.md?p=4), operators, and users of the bulk-power system outside the United States.
  - (6) **No required sharing of information—** Nothing in this section shall require a [person](/usc/16/796.md?p=4) or entity in possession of critical electric infrastructure information to share such information with Federal, [State](/usc/16/796.md?p=6), political [subdivision](/usc/16/539m–1.md?p=15), or tribal authorities, or any other [person](/usc/16/796.md?p=4) or entity.
  - (7) **Submission of information to Congress—** Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General.
  - (8) **Disclosure of nonprotected information—** In implementing this section, the [Commission](/usc/16/544.md?p=c) and the [Secretary](/usc/16/410r–5.md?p=c-1) shall segregate critical electric infrastructure information or information that reasonably could be expected to lead to the disclosure of the critical electric infrastructure information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as critical electric infrastructure information.
  - (9) **Duration of designation—** Information may not be designated as critical electric infrastructure information for longer than 5 years, unless specifically re-designated by the [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1), as appropriate.
  - (10) **Removal of designation—** The [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1), as appropriate, shall remove the designation of critical electric infrastructure information, in whole or in part, from a document or electronic communication if the [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1), as appropriate, determines that the unauthorized disclosure of such information could no longer be used to impair the [security](/usc/16/796.md?p=16) or reliability of the bulk-power system or distribution facilities.
  - (11) **Judicial review of designations—** Notwithstanding [section 825l(b)](/usc/16/825l.md?p=b) of this title, with respect to a petition filed by a [person](/usc/16/796.md?p=4) to which an order under this section applies, any determination by the [Commission](/usc/16/544.md?p=c) or the [Secretary](/usc/16/410r–5.md?p=c-1) concerning the designation of critical electric infrastructure information under this subsection shall be subject to review under [chapter 7](/usc/5/chptI/ch7.md) of title 5, except that such review shall be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia. In such a case the court shall examine in camera the contents of documents or electronic communications that are the subject of the determination under review to determine whether such documents or any part thereof were improperly designated or not designated as critical electric infrastructure information.
- (e) **Security clearances—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall facilitate and, to the extent practicable, expedite the [acquisition](/usc/16/620e.md?p=1) of adequate [security](/usc/16/796.md?p=16) clearances by key personnel of any entity subject to the requirements of this section, to enable optimum communication with Federal agencies regarding threats to the [security](/usc/16/796.md?p=16) of the critical electric infrastructure. The [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c), and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information, share timely actionable information regarding grid [security](/usc/16/796.md?p=16) with appropriate key personnel of [owners](/usc/16/429b–3.md?p=4), operators, and users of the critical electric infrastructure.
- (f) **Clarifications of liability—**
  - (1) **Compliance with or violation of this chapter—** Except as provided in [paragraph (4)](#f-4), to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under [subsection (b)(1)](#b-1), including any action or omission taken to voluntarily comply with such order, results in noncompliance with, or causes such entity not to comply with any rule, order, regulation, or provision of this chapter, including any reliability standard approved by the [Commission](/usc/16/544.md?p=c) pursuant to [section 824o](/usc/16/824o.md) of this title, such action or omission shall not be considered a [violation](/usc/16/620e.md?p=11) of such rule, order, regulation, or provision.
  - (2) **Relation to section 824a(c) of this title—** Except as provided in [paragraph (4)](#f-4), an action or omission taken by an [owner](/usc/16/429b–3.md?p=4), operator, or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under [subsection (b)(1)](#b-1) shall be treated as an action or omission taken to comply with an order issued under [section 824a(c) of this title](/usc/16/824a.md?p=c) for purposes of such section.
  - (3) **Sharing or receipt of information—** No cause of action shall lie or be maintained in any Federal or [State](/usc/16/796.md?p=6) court for the sharing or receipt of information under, and that is conducted in accordance with, [subsection (d)](#d).
  - (4) **Rule of construction—** Nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that, in the course of complying with an order for emergency measures issued under [subsection (b)(1)](#b-1) by [taking](/usc/16/3102.md?p=18) an action or omission for which they would be liable but for paragraph [(1)](#f-1) or [(2)](#f-2), [takes](/usc/16/3102.md?p=18) such action or omission in a grossly negligent manner.

## Source credit

(June 10, 1920, ch. 285, pt. II, § 215A, as added Pub. L. 114–94, div. F, § 61003(a), Dec. 4, 2015, 129 Stat. 1773.)