Federal · Title 16 — Conservation

16 U.S.C. § 824s: Incentives for cybersecurity investments

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The term “advanced cybersecurity technology” means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 650 of title 6 ). The term “advanced cybersecurity technology information” means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. investment by public utilities in advanced cybersecurity technology; and participation by public utilities in cybersecurity threat information sharing programs. investments by public utilities in advanced cybersecurity technology; and participation by public utilities in cybersecurity threat information sharing programs. the Secretary of Energy; the Secretary of Homeland Security; and other appropriate Federal agencies; and facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission. shall be just and reasonable; and shall not be unduly discriminatory or preferential. Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 824d of this title that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 824 o –1 of this title.

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