Chapter
Assumption of the Risk—Consent
STATUTORY PROTECTION OF SMART METER DATA
The Electronic Communications Privacy Act (ECPA)
The Stored Communications Act (SCA)
Electronic Communication Services
Remote Computing Services
The Computer Fraud and Abuse Act (CFAA)
THE FEDERAL TRADE COMMISSION ACT (FTC ACT)
Covered Electric Utilities
Federally Owned Utilities
Cooperatively Owned Utilities
Enforcement of Data Privacy and Security
“Deceptive” Privacy Statements
“Unfair” Failure to Secure Consumer Data
Failure to Protect against Common Technology Threats or Unauthorized Access
Failure to Dispose of Data Safely
THE FEDERAL PRIVACY ACT OF 1974 (FPA)
Federally Owned Utilities as “Agencies”
Smart Meter Data as a Protected “Record”
Chapter 2 DATA ACCESS AND PRIVACY ISSUES RELATED TO SMART GRID TECHNOLOGIES∗
INTRODUCTION AND EXECUTIVE SUMMARY
Overview of Data Access and Privacy Concerns
Summary of Recommendations
Consumer Education and Flexibility in Both Technology and Pace of Deployment Will Be Critical to the Long-Term Success of Smart Grid Technologies
Many Smart Grid Technologies Can Generate Highly Detailed or “Granular” Energy-Consumption Data That Should Be Accorded Privacy Protections Because It Is Both Potentially Useful and Sensitive
Utilities Should Continue to Have Access to CEUD and to Be Able to Use That Data for Utility-Related Business Purposes Like Managing Their Networks, Coordinating with Transmission and Distribution-System Operators, Billing for Services, and Compiling It into Anonymized and Aggregated Energy-Usage Data For Purposes Like Reporting Jurisdictional Load Profiles
Consumers Should Be Able to Access CEUD and Decide Whether Third-Parties Are Entitled to Access CEUD for Purposes Other Than Providing Electrical Power
All Classes of Electric Utility Customers Should Be Entitled to Protect the Privacy of Their Own Individual Energy-Usage Data
Deployment Strategies Must Be Flexible For Utilities Serving Rural, Low-Income, Minority or Elderly Customers, and Consider the Special Circumstances of Those Customers, but Should Not Presume That Smart Grid Technologies Are Inappropriate or Unhelpful to Such Customers
States Must Carefully Consider The Conditions under Which Consumers Can Authorize Third-Party Access to CEUD
To Promote Further Cooperation and Dissemination of Information about Practices Relating to the Regulation of the Privacy and Data-Protection Aspects of Smart-Grid Technologies, a Web Portal Should Be Created to Act as a “Clearinghouse” for Such Data
SUMMARY OF PUBLIC COMMENTS AND INFORMATION
Request for Information – Questions Presented
Question 1: Who Owns Energy Consumption Data?
Question 2: Who Should Be Entitled to Privacy Protections Relating to Energy Information?
Question 3: What, if Any, Privacy Practices Should Be Implemented in Protecting Energy Information?
Definition of Energy Information
Privacy Practices to Protect PII, CEUD and Aggregate or Enhanced Data
State Certification of Third Party Service Providers and Authorization Procedures
Question 4: Should Consumers Be Able to Opt in/Opt out of Smart Meter Deployment or Have Control over What Information is Shared with Utilities or Third Parties?
Consumer Participation in Smart Grid Deployment
Consumer Ability to Opt-out of Energy Information Sharing
Means to Encourage Consumer Acceptance and Use of Smart Grid
Question 5: What Mechanisms Should Be Made Available to Consumers to Report Concerns or Problems with the Smart Meters?
Question 6: How Do Policies and Practices Address the Needs of Different Communities, Especially Low-Income Rate Payers or Consumers with Low Literacy or Limited Access to Broadband Technologies?
Question 7: Which, If Any, International, Federal, or State Data-Privacy Standards Are Most Relevant to Smart-Grid Development, Deployment, and Implementation?
Question 8: Which of the Potentially Relevant Data Privacy Standards Are Best Suited to Provide a Framework That Will Provide Opportunities to Experiment, Rewards for Successful Innovators, and Flexible Protections That Can Accommodate Widely Varying Reasonable Consumer Expectations?
Question 9: Because Access and Privacy Are Complementary Goods, Consumers Are Likely to Have Widely Varying Preferences about How Closely They Want to Control and Monitor Third-Party Access to Their Energy Information: What Mechanisms Exist That Would Empower Consumers to Make a Range of Reasonable Choices When Balancing the Potential Benefits and Detriments of Both Privacy and Access?
Question 10: What Security Architecture Provisions Should Be Built into Smart Grid Technologies to Protect Consumer Privacy?
Question 11: How Can DOE Best Implement Its Mission and Duties in the Smart Grid While Respecting the Jurisdiction and Expertise of Other Federal Entities, States and Localities?
Question 12: When, and through What Mechanisms, Should Authorized Agents of Federal, State, or Local Governments Gain Access to Energy Consumption Data?
Question 13: What Third Parties, If Any, Should Have Access to Energy Information? How Should Interested Third Parties Be Able to Gain Access to Energy Consumption Data, and What Standards, Guidelines, or Practices Might Best Assist Third Parties in Handling and Protecting This Data?
Question 14: What Forms of Energy Information Should Consumers or Third Parties Have Access to?
Question 15: What Types of Personal Energy Information Should Consumers Have Access to in Real-Time, or Near Real-Time?
Question 16: What Steps Have the States Taken to Implement Smart Grid Privacy, Data Collection, and Third Party Use of Information Policies?
Question 17: What Steps Have Investor Owned Electric Utilities, Municipalities, Public Power Entities, and Electric Cooperatives Taken to Implement Smart Grid Privacy, Data Collection and Third Party Use of Information Policies?
Question 18: Should DOE Consider Consumer Data Accessibility Policies When Evaluating Future Smart Grid Grant Applications?
Chapter 3 COMMUNICATIONS REQUIREMENTS OF SMART GRID TECHNOLOGIES∗
I. INTRODUCTION AND EXECUTIVE SUMMARY
a. Overview of Smart Grid Benefits and Communications Needs
b. Summary of Recommendations
II. FEDERAL GOVERNMENT SMART GRID INITIATIVES
a. DOE Request for Information
b. Other Federal Government Smart Grid Initiatives
III. COMMUNICATIONS REQUIREMENTS OF SMART GRID APPLICATIONS
a. Advanced Metering Infrastructure
i. Technologies for On-Premises Networking
ii. Technologies for Hand off of Information from the Premises
c. Wide-Area Situational Awareness
d. Distributed Energy Resources and Storage
e. Electric Transportation
i. Specific Challenges and Opportunities Presented by Electric Vehicles
ii. Communications Needs Presented by Electric Vehicles
f. Distribution Grid Management
i. Distribution Automation
ii. Substation Automation
iii. Fleet management by Automatic Vehicle Location
IV. KEY CONCERNS OF UTILITIES
iii. Network Design and Management
b. Availability of Spectrum
i. Spectrum for Unlicensed Devices
V. RECOMMENDATIONS FOR NEXT STEPS
a. Increasing Representation and Consideration of Smart Grid Communications Interests in Federal Spectrum Management and Emergency Operations Support Programs
B. Improve Utilities’ Ability to Get Information on Communications Applications for Smart Grid Applications in a Straightforward and Turnkey Manner and to Ensure, through Educational Efforts, that Utilities Are Aware of Existing Programs and Applications
APPENDIX A. SMART GRID FUNCTIONALITIES AND COMMUNICATIONS NEEDS
Smart Meters and the Smart Grid: Privacy and Cybersecurity Considerations
( Energy Policies, Politics and Prices )
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