guidance

High-risk § 3.2.7

The supply of electricity use case in critical infrastructure

Official source ↗

(203)

According to the approach presented in section 3.2.1.ii above, ‘an AI system intended to be used in the management and operation of supply of electricity’ refers to an AI system intended to be used in an asset, a facility, equipment, a network, or an system or a part of an asset, a facility, equipment, a network or a system which is necessary for the provision of the essential services established in point (a) of Article 2(1) CER Delegated Regulation. This includes29:

  • the supply of electricity (electricity undertakings);
  • the operation, maintenance and development of an electricity distribution system (distribution system operators);
  • the operation, maintenance and development of an electricity transmission system (transmission system operators);
  • the generation of electricity (producers);
  • the nominated electricity market operator service (nominated electricity market operators);
  • the demand response (electricity market participants);
  • the aggregation of electricity (electricity market participants);
  • the energy storage (electricity market participants).
(204)

An AI system used in the management and operation of supply of electricity should be considered high risk if intended to be used by an electricity entity (i.e.: electricity supply undertaking, distribution or transmission operator, electricity producer, nominated electricity market operator or electricity market participant) that has been identified by a Member State as a critical entity under the CER Directive.

(205)

A specific consideration is needed in relation to AI systems used as safety components in nuclear energy production. Recital 5 CER Directive delineates the scope within the energy sector, acknowledging that electricity generation may include electricity transmission parts of nuclear power plants, but excludes nuclear-specific elements covered by treaties and Union law, including relevant Union legal acts concerning nuclear power.

(206)

For this reason, AI systems used as safety components in nuclear energy production do not fall within the high use case listed in point (2) ofAnnex III. AI systems deployed within nuclear power plants are not covered by the critical infrastructure use case , while AI systems used as safety components in electricity components of nuclear power plants could be included.

a) Practical examples of an AI system falling within the high-risk use case of the supply of electricity

An AI system used in a surveillance and protection for physical perimeter protection such as camera systems, radar systems and drone control systems used to directly protect the physical integrity of the infrastructure. An AI system used for the detection of anomalies in data patterns when operating electricity grids for the purpose of monitoring and supporting decision-making in relation to critical functions, such as power load distribution, grid stability, or shutdown procedures.

b) Practical examples of AI systems falling outside the high-risk use case of the supply of electricity

  1. The supply of electricity use case does not include the hydrogen sector as defined in Annex III point 1c of the CER Directive (operators of hydrogen production, storage and transmission).