Presentation on Legal Issues with SmartGrid Given Before ITechlaw Conference May 2009.

1. How Smart is the Smart Grid?
Susan L. Lyon - Of Counsel
Spring 2009

2. The smart grid plan offers
the hope that it “will save
us money, protect our
power sources from
blackout or attack, and
deliver clean, alternative
forms of energy to every
corner of our nation.”
- President
Barack Obama

3. How Smart is the
Smart Grid?
§ What is the Smart Grid ?
§ Who's Building/Funding
It?
§ Privacy
§ Cybersecurity
§ Intellectual Property
§ Regulations

4. Current Grid
§ Massive one-way
freeway
§ Thousands of
off-ramps onto
one-way streets
§ One line down,
everything
downstream
affected
§ Knowledge lo-tech

5. Smart Grid
§ Electric grid +
digital
communication
§ Efficient
§ Decentralized
§ Collaborative
§ Reliable
§ Greener
§ Secure

8. Who's Building
the Smart Grid?
§ Government &
Academic
Institutions
§ Alliances &
Coalitions
§ Private Industry

9. Smart Grid Legislation
§ Energy Policy Act of 2005
§ Tech loan guarantees/tax cuts;
§ Daylight savings time changes;
§ Commercial building energy
deductions
§ Energy Independence &
Security Act of 2007
§ Modernize electricity grid;
§ Increased mpgs;
§ Hybrid and biofuel incentives;
§ American Recovery &
Reinvestment Act
§ $11 billion - Smart Grid;
§ $50.3 billion - other energy

11. Smart Grid &
Privacy
§ Monitor hourly and
daily energy activity
§ Reach into home to
adjust energy use
§ Smart appliances
§ Share usage data

12. Smart Grid &
Security
§ Spies/Hackers
§ NERC (North American
Electric Reliability
Corporation)
§ Cybersecurity Act of
2009 (S.773)
§ Critical Infrastructure
Protection Act
(H.R. 2195 & S. 946)

13. Intellectual
Property
§ Avoid Patent "Hold-
Up" Problems
§ Identify Patents
Subject of Standards
adopted as
Regulation
§ Obtain Broad License
Agreements

14. Electric Regulations
FERC – Federal Energy Regulatory
Commission
§ Cyber security
§ Communications
§ “Wide-area situational
awareness” monitor & operate
§ Coordinate operation of bulk
power system with new &
emerging technologies for
§ renewable resources,
§ demand resources,
§ electricity storage and
§ electric transportation systems.

15. Communications
Regulation
§ FCC Regulation
§ Two-Way
Communications
§ Radio frequency
interference,
§ Non-discrimination,
§ Network
management
regulation,
§ Privacy concerns

16. Questions?
slyon@perkinscoie.com
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