On March 5, 2010, FERC approved a settlement order under which the Florida Reliability Coordinating Council, Inc. (“FRCC”) will pay a $350,000 civil penalty for its part in the February 26, 2008 power outage in southeastern Florida. This is the first time that a regional reliability entity has been fined for violating a mandatory reliability standard.

On July 10, 2009, the North American Electric Reliability Corporation (“NERC”) filed with the Federal Energy Regulatory Commission (“FERC” or “Commission”) four notices of penalties with a proposed total of $75,000 in fines for violations of mandatory reliability standards. A fifth notice of violation did not include a financial penalty. All of the companies are also implementing mitigation plans.

On April 8, 2009, the North American Electric Reliability Corporation (“NERC”) released a statement stating that although they are not aware of any known cyber attacks on the electric grid, cyber security is an area of concern for the organization. On the same day, the Wall Street Journal published an article finding breaches in the United States power grid by spies from China, Russia, and other countries.