UNITED STATES OF AMERICA
BEFORE THE

FEDERAL ENERGY REGULATORY COMMISSION

Version 4 Critical Infrastructure)Docket No.RM11-11-000

Protection Reliability Standards)

Version 5 Critical Infrastructure)Docket No.RM13-5-000

Protection Reliability Standards)

COMMENTS OF THE ISO/RTO COUNCIL IN SUPPORT OF

EMERGENCY REQUEST FOR DELAY OF COMPLIANCE DEADLINE

Pursuant to Rule 213 of the Rules of Practice and Procedure of the Federal Energy

Regulatory Commission1 (the “Commission”), the ISO/RTO Council (“IRC”) submits these

comments in support of the Emergency Request for Delay of Compliance Deadline filed on July 17, 2013 by the American Public Power Association, the Edison Electric Institute, the Electricity Consumers Resource Council, the Electric Power Supply Association, the Large Public Power Council, the National Rural Electric Cooperative Association and the Transmission Access
Policy Study Group (the “Emergency Request”).

I.IDENTIFICATION OF FILING PARTY

The IRC is comprised of the Alberta Electric System Operator (“AESO”); California
Independent System Operator Corporation (“CAISO”); Electric Reliability Council of Texas, Inc. (“ERCOT”); the Independent Electricity System Operator (“IESO”); ISO New England Inc. (“ISO-NE”); Midcontinent Independent System Operator, Inc. (“MISO”); New York
Independent System Operator, Inc. (“NYISO”); PJM Interconnection, L.L.C. (“PJM”); and
Southwest Power Pool, Inc. (“SPP”).2

1 18 C.F.R § 385.213 (2013).

2 AESO and IESO are not FERC-jurisdictional. AESO is not joining in these comments.

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II.COMMENTS

The Emergency Request asks the Commission to delay the deadline for complying with Version 4 of the Critical Infrastructure Protection (“CIP”) Reliability Standards (“CIP Version 4”) of the North American Electric Reliability Corporation (“NERC”), which are currently
scheduled to become effective on April 1, 2014, pending action in a rulemaking proceeding on a proposed Version 5 of the CIP Reliability Standards (“CIP Version 5”). As the Emergency
Request explains, absent such relief, entities registered with NERC will need to begin expending substantial time and resources this summer in order to meet the current April 1, 2014 deadline for complying with CIP Version 4, even though CIP Version 4 is expected to be retired before it takes effect, enabling registered entities to transition directly from Version 3 of the CIP
Reliability Standards (“CIP Version 3”) to CIP Version 5.3

The IRC supports the Emergency Request, for many of the reasons set forth therein.

With the existing effective date of April 1, 2014 for CIP Version 4, registered entities, including
the ISOs and RTOs, are required to prepare for compliance with CIP Version 4 despite the
Commission’s proposal to move directly from CIP Version 3 to CIP Version 5. This is an
inefficient and ineffective outcome resulting solely from a potential timing gap between the
effective dates of CIP Versions 4 and 5.4 Accordingly, to prevent this unproductive result from
occurring, the IRC supports the Emergency Request to delay CIP Version 4 from becoming
effective.

3 As indicated in its earlier comments in Docket No. RM13-5-000, the IRC agrees with the Commission that CIP
Version 5 represents a marked improvement over CIP Version 3, and - given the superiority of CIP Version 5 to
CIP Version 4 - concurs with the Commission that it is appropriate to retire CIP Version 4 without its ever going
into effect.

4 Registered entities will be required to prepare for compliance with CIP Version 4. Although the degree of

preparation that has and/or will be required to prepare for CIP Version 4 will differ between entities, it seems

wasteful to require any further preparation for compliance with CIP Version 4 given the Commission’s proposal to move straight from CIP Version 3 to CIP Version 5.

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More specifically, and as noted in the Emergency Request, CIP Version 4, with its
“bright line” criteria, is premised on a significantly different approach from CIP Version 5,
which uses a more granular approach that assigns each BES Cyber System a low, medium or
high impact (with compliance requirements corresponding to each of those categories). Thus, the implementation of CIP Version 5 following the implementation of CIP Version 4 may result in modifications to the critical asset identification and the compliance obligations that would
flow from those changes for facilities that may be deemed critical assets under CIP Version 4, but under CIP Version 5 will only be low or medium impact BES Cyber Systems. By granting the Emergency Request and thereby delaying the implementation of CIP Version 4, the
Commission will enable organizations to better focus their resources and more rapidly achieve the enhanced security gains associated with CIP Version 5.

III.CONCLUSION

For the foregoing reasons, the IRC respectfully requests that the Commission

expeditiously grant the Emergency Request.

Respectfully submitted,

/s/ Matthew Morais/s/Theodore J. Paradise

Matthew MoraisRaymond W. Hepper

Assistant General CounselVice President, General Counsel, and Secretary

Electric Reliability Council of Texas, Inc.Theodore J. Paradise

7620 Metro Center DriveAssistant General Counsel - Operations and

Austin, Texas 78744Planning

ISO New England Inc.

One Sullivan Road

Holyoke, MA 01040-2841

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/s/ Stephen G. Kozey/s/ Paul Suskie

Stephen G. KozeyPaul Suskie

Vice President, General Counsel, andSr. VP - Regulatory Policy and General Counsel

SecretarySouthwest Power Pool, Inc.

Midcontinent Independent System201 Worthen Drive

Operator, Inc.Little Rock, AR 72223

P.O. Box 4202

Carmel, Indiana 46082-4202

/s/ Anna McKenna/s/ Carl F. Patka

Nancy SaracinoCarl F. Patka

General CounselAssistant General Counsel

Roger CollantonRaymond Stalter

Deputy General CounselDirector, Regulatory Affairs

Anna A. McKennaNew York Independent System Operator,

Assistant General Counsel-RegulatoryInc.

California Independent System Operator10 Krey Blvd

CorporationRensselaer, New York 12144

250 Outcropping Way

Folsom, California 95630

/s/ Craig Glazer/s/ Jessica Savage

Craig GlazerJessica Savage

Vice President - Federal Government PolicySupervisor, Regulatory Affairs

Robert EckenrodIndependent Electricity System Operator

Assistant General CounselStation A, Box 4474

PJM Interconnection, LLCToronto, Ontario M5W 4E5

1200 G Street, N.W. Suite 600 Washington, D.C. 20005

Dated: August 5, 2013

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