The Federal Energy Regulatory Commission (FERC): Compliance Order No. 717 & 18 CFR § 35.41

The Federal Energy Regulatory Commission (FERC) Compliance Order No. 717, codified in 18 CFR Part 358, requires that all emails, voicemail, text messages and other communication between transmission providers’ transmission function employees and marketing function employees must be retained for five years.

FERC Regulations 18 CFR Part 35 & Part 284. An electronic data retention policy is required by these regulations for each entity under its jurisdiction. Data must be archived encrypted to WORM (write once read many) media. Based on wholesale vs. retail criteria, this data must be archived and available for a 5 to 6 year time period. Industries affected are Public Utilities, Natural Gas Companies, Electric Producers, Gas & Oil Production and Training.

FERC will put heavy emphasis on whether firms are taking precautionary compliance measures with focuses on:
(1) Senior management’s role in fostering compliance programs
(2) Preventative practices to ensure compliance
(3) Detection and reporting of non-compliant activity
(4) Reactive efforts to remedy compliance violations

Links to CFR Parts:
Part 358: https://www.ecfr.gov/cgi-bin/text-idx?SID=860f3db633b732c52378235e5bd27af6&mc=true&node=pt18.1.358&rgn=div5
Part 35.41: https://www.ecfr.gov/cgi-bin/text-idx?SID=cebb6afb34ef37fb73d3316243f442e9&mc=true&node=pt18.1.35&rgn=div5#sp18.1.35.b

Smarsh, Inc. assumes no liability for the accuracy or completeness of this information. Please consult with an attorney for specific information on specific rules and regulations and how they apply to your business.