Natural Resources

Electric infrastructure security measure amended, advanced

A bill aimed at safeguarding electric facilities near sensitive military installations advanced to final reading Feb. 13 after senators modified provisions intended to ensure equipment made by a foreign adversary cannot be installed during maintenance or upgrades.

Sen. Barry DeKay
Sen. Barry DeKay

Under a bill passed last session, electric suppliers must provide written notice to the Nebraska Power Review Board before beginning construction on or acquiring certain electric generation facilities or transmission lines located within a 10-mile radius of a military installation.

The notice certifies that the infrastructure contains no materials, electronics or other components manufactured by a foreign adversary as determined by federal regulations.

LB43, sponsored by Niobrara Sen. Barry DeKay, would ensure that the requirement applies only to “electronic-related” equipment and components in electric infrastructure located near Offutt Air Force Base and ballistic missile silos in western Nebraska.

Under the bill as introduced, the notice requirement also would have applied if a supplier expands, alters, reconstructs, upgrades, repairs, engages in maintenance on or installs new or replacement equipment or components in the applicable infrastructure.

On select file, DeKay offered an amendment to strike that language, saying the Omaha Public Power District expressed concern that it would have expanded the Power Review Board’s authority.

LB43 as introduced would have allowed an electric supplier, in consultation with its vendors, to submit a one-time written notice to the board certifying that the supplier is continually operating in compliance with the bill’s requirements.

The amendment instead would require electric suppliers to submit the one-time notice. A similar requirement would apply to owners of privately developed renewable energy generation facilities.

“This language makes sure the electric suppliers near sensitive military installations use vendors that comply with this act whether it be for the initial construction or maintenance project[s],” DeKay said.

After voting 39-0 to adopt the amendment, lawmakers advanced LB43 to final reading by voice vote.

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