The Nickel Report

On August 27, 2019, the Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) issued a White Paper proposing to disclose the names of entities that violate Critical Infrastructure Protection (CIP) standards, while continuing to withhold other details of those violations. This significant change in policy reflects broader issues in FERC’s handling of security information.

Guarding confidential or sensitive information is a longstanding tradition that transcends daily life. From the pinky-swearing days of childhood (to prevent your parents from finding out you rode your bike beyond their imposed boundary), to the fourth down play when your team is one point down with three seconds left on the clock, to the unique, complex chemical composition of a lifesaving drug, the concept of secrecy has roots in just about everything we do. In the business world, secrets are routinely kept to protect market share, privacy of customers, technology or for any number of other legitimate business-related concerns. Indeed, disclosure of confidential information can pose a real threat to a business’s vitality.