neil: we were among the first to say you should be worried about it. saying that you should be very alarmed about it. that what happened at utility nearly a year ago should send shivers down her spine. not only because we are just learning about what a group of armed attackers dead to take out a utility substation but the fact that all this disappeared into the night before they got there. and what we do know is that they do exactly what they thought they were doing.

and they did a lot of damage while they were doing it. destroying the equipment and station lines that said power to much of siliconnvalley and fiber-optic lines that serve well beyond that as well. that wasn't a compromise, some fear was a dry run for something far more catastrophic and i want you to meet the guy who is very worried and trust me, he is an alarmist. he is the warmer federal energy regulatory commission. and tonight he is here with us. welcome, everyone. to say that he is concerned is an understatement. not only because of what happened last spring. but because what he fears could happen again. thank you for taking the time. how does this come to light now? >> it's good to be here and i appreciate it. it didn't just come to light now. a lot will have been talking about this. there have been sporadic reports

in the cusp about it. but it has been discussed with not only administration officials but with a number of the utility officials across the country that have these critical high-voltage substation in their inventory. neil: these are important because they are not necessarily part of this. but they are the best of it. is that right? >> i don't know anyone who does a 24/7 personnel at the substations. and also i would say that 90% or more are all simply secured by a chain-link fence and perhaps some light. but beyond that there is very little security for any of these very critical high-voltage substations. >> tho that areeft e t tys o rupsthat wen aft th, th knewhathey re ing

>> wl, wednt knowwho th we, buwe no dinity th theknewhat ey we ing eau itwa vey deliratettac it w extmelywell-anne. a ey ell xcuted. to e int that theknow actlwhathey ntedo taet. ey eected e apria ty of munion ttarg whathey i. the shooting for 90 minutes in this field outside of the fence company never went inside the fence in a shot through the fence doing so at night and targeting very precisely over the 19 minute period of time. so they were very well-trained and disciplined. neil: who do you think they are? what were they doing? what was the intent? >> well, frankly i have no idea they are and i don't know their intent. though what i do know is that

ne this, which does concern this and the rest of our high-voltage transmission infrastructure with the substations could be at risk. so i think that we need to have a coordinated plan ultimately to protect them. neil: do you think of this as a dry run for something? >> again, i don't know that either. but i don't want to find out. i really don't want to find out if it was a dry run. i want to encourage the industry which we have been doing and i did before. and i'm continuing to do now. in fact protect these facilities and then hopefully give some agencies authority to oversee that and ensure that those mitigation measures do get put in place. neil: you and some others know about what happened here. and the way that this drifted and the like. but am wondering if that was last april. do you know or do six best of

any other incidents since then? i do not. this is the only one that i know and i hope that will it will be the only one that we ever see. and again, the way to ensure this and at least reduce the risk of that is to start putting in some defense systems very simple. just make them opaque so you can't shoot from outside. because you can't target the individual transformer facilities inside. neil: do you know if we have beefed up security with similar areas, beyond what we have normally done in the past or what? >> i know that some utilities are taking some steps.

and we took in a team of people from the dod and we look at some of their substations including the 13th street substation that was subject to hurricane sandy. we did that several months before april 16 because physical security wasn't an issue that i was looking at prior to this incident. and so i know that there are a number of utilities are taking steps are needed to make sure that it was a coordinated effort and that we characterize the most important substations and make sure those are protected we want thank you for taking the time. it makes a big difference with a guy like you so thank you for doing that. and in the meantime there is a reason that the former chairman is so anxious. as we said between bad guys making utility a target and he former fbi special agent john

clark is with us. hitting the retailer presumably is one thing. hitting a substation is another, presumably to just rattle folks. is that right? >> of course there is a difference. when someone hits a utility place or a baker someplace to get money, it's probably just some bug who is trying to get the money and should be working away or whatever the case may be. but terrorism goes up far beyond that particular perspective. and those are different types of people that are looking to do harm to people and to the nation. neil: used the word terrorist. do you equate to people these who took up a substation that they are terrorists? >> i cannot say that they are terrorists. but it is certainly something that appears to be that it is a terrorist act and if it's a terrorist type of attack, do we

not know -- i mean, do we know for sure that someone was behind this particular attack and that may be moving on to something else they could even be more volatile to us than the one that they just had. >> we hear a lot about our grid and how compromise a bullet is and how you can hit one area and then you could knock off so many other areas as well with just a few heads and take this structure down. something very similar happened just a few years ago. do you envision something like that ever happening again? >> i certainly hope not. i hope that my grandkids don't see that happen again either. but having said that, what we have to do is continue to consider that these types of things can happen and i think it would be very naïve to say -conf things can happen and i think it would be very naïve to say that we can protect it and it's all going to be gone. but we have to do is continue to work and try to develop other

types of this to ensure that we can protect out so that it will continue in a good way. >> lobby for always are the people knew exactly what they were heading and they were out of there before the police arrived having been identified so what type of an organization assuming that it is part of the nuclear sub that is, who has acute ability to do that? >> first of all when you see that type of activity take place, i do not believe that it is just a group of people who wanted to make a little money or get a little money or didn't want to work or whatever the case may be and decided they would take these actions to gain some money. i do not think that that is the case. i think when we see that those type of well directed activities taking place against citizens and people who are working hard

to make their living everyday, for them to be doing this type of thing, i just can't see anybody commenting more than that. there are people out there that are looking to go far beyond that. to help destroy part of the nation as we have seen take place in the past. neil: we have seen that and we thank you. >> it's my pleasure. >> in the meantime, what does all this say about where we stand? and a good defense, doesn't mean a good offense? some democrats are pushing there are as to do this now after all this targeting. ♪

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democrats would be hpin t neil: all this time, i bet you thought the democrats would be hoping that this irs mess would go away. this targeting conservatives thing, the strong-arming. as moveon and other things. you would think, but you would be wrong because some democrats are actually pushing them to double down on us. it isn't exactly their cup of

tea. some are suing the government on behalf of those targeted tea party groups. they are doubling down. sounds like. >> they are. it's what you said. the defense at his best is sometimes an offense. the irony of all of this is that we now know through the e-mails that have come out that in fact these attacks on the conservative groups are planned almost a year before was public before the apology and have already been in the works at the highest level of the office of the irs. so that is number one. number two is the longest on the books for 50 years. there's never been an issue. it has rarely ever been litigated. now they are saying that they were confused and it was these boneheaded decisions, which we know that that is only partially true. but what they are doing is this. neil: i look at the numbers, 594

conservative groups targeted versus six liberal groups. i mean, leaving that aside the fact of the matter is that even in the face of those numbers some democrats would daresay that we have to scrutinize more of this it makes me think that they are taking advantage of the opportunity that they are in power elites in the senate have the white house talking about this with them. >> that is exactly what it is. what they are doing is using the regulatory regime of the irs or it to basically force these changes. so it is going to -- and it already has created a chilling effect. the organization, these groups don't know what the exemption is and what they can and cannot do now. they are trying to impact things like voter registration and get outtthe vote drive in it which is kind of the hallmark of political speech. but you are absolutely correct that at the end of the day they have one shot at this and they

are not going to win this through a legislative move or change the law between the congress because of this. so you use the regulatory regime and we also know that it was former senator carl levin and schumer who are pushing this in the first race. this whole matter is nothing but politics and to stifle one side of the debate and you mentiooed the scripts. all of them received their tax exempt status and that is not the case for the conservative groups. neil: what conservative groups oppose that? >> right now about 40 of them. there's still an overwhelming majority. and i think that there are 283 cases out there. most of them still do not have clients that are waiting 3.5 years and the irs basically is institutionally incapable of moving forward because they are trying to go through this rule change. we are filing a motion response

to the government today in federal court. neil: that's amazing. and they were handing out bonuses and increasing their budgets back of course. and we are paying for it don't thank you so much. >> thank you so you want to do here the one about apple moving its headquarters to texas? why the lone star state is trying its darndest to make it silicon valley it it sillg asked people a simple question: in retirement, will you outle your money? uhhh. no, that can't happen. at the thing, you don't know how long it has to last. evyone has retirement questions. so ameripriscreated the exclusive.. confident retirement aroach. now you and your ameripise advisor can get the real answers you need. well, knowing gives you confidence. start building your confident retirement today.

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which will cause me to miss the end of the game. the x1 entertainment operating system lets your watch live tv anywhere. can i watch it in butterfly valley? sure. can i watch it in glimmering lake? yep. here, too. what about the dark castle? you call that defense?! come on! [ female announcer ] watch live tv anywhere. the x1 entertainment operating system, only from xfinity. texas. and if youa >> do not mess with texas. and if you a high-tech company, do not assume that you will get very hot in a place like texas. the lone star state isn't feeling too lonely these days.

lots of states are crying fowl everywhere. a california summer complaining about bribing companies to move in texas. governor rick perry says it's just ridiculously low taxes and regulations. dee dee benkie is here and she says guymon. okay, so what do you say? >> because you i think i should go to texas and by a dude ranch. >> what is going on? what is texas doing? particularly california's crying foul. do they have a case? or is texas winning them over with unheard-of incentives? >> the business taxes are low and in california they are broke area were closer because he has his hollywood elitist friends having their double cappuccino espresso caramel octave.

>> is that true? [laughter] >> it is the crowd that is getting offended. >> personal taxes, they are bribing people. i'm not doing that you shouldn't take it. it's not just about regulation or low taxes. the roughly 400 million in cash payments that they made to california and other state companies there. and my other problem is that they have cherry picked this to the detail. texas exported more tech items by a couple hundred grand. 50% of those exports went to mexico. that might have something to do with proximity and delivery. >> like california's not close to mexico. [applause] >> what they haven't done, california tech companies outpace them in terms of the number of people employed. >> but it's changing.

>> i guess i'm saying is that obviously texas, whatever they are doing, they want to keep doing it. and if you're in california you want them to stop it because it is draining silicon valley with so many of those companies that have left and those are companies that keep an eye on their cost. >> california is just in shambles. it's becoming a socialist state and in texas they get it. >> you're behind the times a little bit. >> oh, no. texas is at the right way. and they have a republican like stature and governor and it's way too much government and way too much regulation. texas meets every other year. neil: you might be right about that. but these two governments are very different strategies and i'm wondering say what you will after the longest-serving governor of the nation.

>> we will really miss him. neil: i'm sure that you well. but do you think that that is enough of a potent force? what he has done in texas? >> no, not even close. kerry is not going to be president of the united states. and i'm very comfortable in making that statement. but they don't have is very many people who can get health care because nobody in texas have health insurance. >> all these companies moving there, that's a big bang. >> they will supply up it to their employees. it is the people who don't get into employment. >> i'm not dississing it. i do like california better. i'm going to defend my old home state. texas, yes, they do have a friendlier regulation climate and they do have better tax

rates in california there's there is a problem. you have to live in texas. >> you're such a snob. you are the biggest snob. why don't you go to bel air. >> verity lived there. neil: i wish that we had more time the blessedly we do not. meanwhile, have you had it with all this snow? blame bill de blasio. ever since he dropped that groundhog. you remember that? is guaranteed six more years of winter. ♪ ♪ impact wool exports from new zealand, textile poduction in spain, and the use of medical chnology in the u.s.?

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>> becau neil: because the storm was unpredictable in what we heard

last night is not necessarily what we heard this morning. it is absolutely beautiful day out there right now. >> at the point she was saying that this is not a beautiful day. and that was the new york city schools chancellor saying that the weather was fine and it caused some backlash. i sometimes send a message like that in the middle of a crisis compounds the trouble. i'm very sorry for going off the handle there. i've been dealing with a great deal of snow and as she was saying this, i was also tripping and falling in the said no. so what do you make of this? >> personal leaders have to be very sympathetic of the victims of any natural disaster. it is not a statistic area and if you're the one impacted by

natural disaster, you are 100% impacted. only 6% of the people that are impacted. the victims are 100% impacted. but it's also important to be a little bit paranoid when it comes to a disaster that is predicted. and i think that you do have to almost overprepared have the response ready in case it is bad and that is a valuable lesson that a lot of people have learned. jurisdictional challenges are also a problem. you get a mayor and the governor and sometimes they are fighting and the president can't really do anything until the governor requests this. >> it was at who is on first and there was a protocol for that and the governor said the same and was later brought up on corruption charges. but that was then and this is now. thinking about the governor of georgia right now. he wants to extend this emergency through sunday of next week.

he was on with me yesterday saying that he would be prepared at me this time. getting very high marks this time. but these things do define leadership. don't they? >> yes, they absolutely do. the governor in georgia did a good jjb of learning a lesson and correcting things did not go well the first time around but he responded to a disaster. so that is a great case study with other governors and other mayors that have said look at that. you need to see what to do. and i think he demonstrated a commitment to be very engaged and to be prepared and not to be unsympathetic to the challenges that people face when they are confronted with disasters. you don't want your leaders to fail to recognize the reality of a disaster. like bill clinton said. neil: is anyone in pressing this on you, the more current example, governor chris christie

after hurricane sandy, much of the aid is still disputed. but having said that, are there any other chris christie crises with governors or mayors are politicians that stand out to you? >> i would say governor haley barbour, in contrast to the governor in louisiana, the same storm had old states riveting with phenomenal disaster, lots of people in pain and herding. but he did a terrific job of recognizing the problem and calling for assistance in being part of the solution with the federal government. the other government chose to not asked for assistance and then try to put demands on the system that she got. in addition to this problem dealing with the mayor of new orleans. so i think that those are two good contrast and i would say that haley barbour and chris christie did a good job of responding. when jeb bush was governor of

florida he did an outstanding job as well see one i would say when she is saying everything is fine and we know that we'll continue with the freezing rain throughout the day and then to say, oh, this is wonderful. don't try that with new yorkers ever. and secondly do not ever sound smug about it. that is just manors one-to-one. >> communications 101 in responding to a dis@ >> communications 101 in responding to a disaster. and i think that there will be lots of case study experiences from the response to the disaster that is making its way up the east coast and to take a look as happening in new england. they have a bettr ack eo at rpondg tohese allees a a l of hers anoer juis icti it'shy wld ybe a et bo take a lo wtthe oveor i our hoing.

>>es, ey he be ingt a wie d you e itis aays a plsure tha you ond meawhile qi oingat r stk a may stt okinat yrcusrs. an wle y're it,aybe ur ctome parts sou of ray int ♪ we aked ople qutio w mu mon do u thk u'wh rir $50 say a million dollars. [ dan ] then we gave each person a ribbon to show w ma years that amount might last. ♪ i was trying to like pull it a littlfurther. you know, i was trying to sttch it a little bit more. [ woman ] got me to 70 years old. i'm going to ha to rethink this thing. [ man ] i looked around t everybody else and i was like, "are you kidding me?" [ dan ] it's just human nature to focus on the here and now. so it's hard to imagine h much we'll need for a rerement that could last 30 years or more. so maybe weeed to approach things differently,

if we want to be ready for a longer retirement. ♪ ♪

en you he more tnt hap >> this is what happens when you have more than a billion users or it you are also attempted to leverage one of those. and apparently do so without ever being able to tell that it happened. that is the latest charge against facebook that happens a lot and it is promoting the personal information and images in its advertising. but without the parents permission either. her conundrum. what is the gist of this complaint?

>> we filed an appeal today or had a brief today challenging the district court's approval of a settlement between facebook and a class of parentt challenging their privacy violations that essentially permit facebook to continue violating the laws of seven states requiring that the use of children for advertising purchases be part of this. and they won't have to under this. neil: so how does it work? do they let the kids know that it is using their images? was facebook doing? >> what they are going to do under the settlement is that they will put into their terms of service legal language saying that whenever the kids went on to facebook years she represents the consent. we know that that is like letting the kids on their own permission slip to get out of school. but the parent has no

opportunity to actually consent to the use of the child's image area than the child is being used upon a child may have liked or what applications her what applications the child has user where they have checked in. neil: so where is he advertising and what is this pop up? snack within facebook. and giving him the new policy about sharing, document shown not only to the minors facebook friends but to the public as well. and so facebook is harnessing these interactions and packaging them into endorsements for facebook's own sponsors with no remuneration to the kids or consent of the parents. neil: you are an attorney and i am not. there member after a carnival cruise line, it was defending himself saying that you sign onto all sorts of things when you buy the ticket. and i guess it included this on the floor. so who knew. that when you agree to be a

facebook subscriber or customer that this is stuff that you sign onto. is that true? >> the trouble is that facebook is reporting to get consent from the kids that has to be gotten from the parents under state law. seven states including california, virginia, order, and three others, they all have laws saying that you cannot do this without their parents consent. and so there are many times when a company can do this as a condition of using a product trade and the laws of the states state say that you have to get the parents consent and this settlement that we are challenging this facebook doesn't have to do it. neil: they might come back and say that we are okay with 43 other states. does that hold any water? >> now. because it is not appropriate for a federal court to be giving judicial approval to a settlement that authorizes a party to violate the laws of any

state. no court should violate this particularly that one of those laws in california which is the home state. neil: thank you so much. as for interesting. >> thank you. neil: from the state that produced thhs, maybe the health exchange from hell. what does erything mean to you? with the quicksilver cash back card from capital one, it means unlimited 1.5% cash back on everything you purchase, every day. it doesn't mean, "everything.. as long as you buy it at theas station." it doesn't mean, "everything... unl you hit your cash back limit." it means earn 1.5% cash back on every purchase, every place, every occasion, all over creation. that's what everything should mean. so consider... what's in your wallet? we are thinkers.

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neil: if this whole health care ting falls on a self-taught because of the neil: in this health care thing falls on itself, it won't be because of the employer mandate or because of all of these are ways or because of anything that is happening on the federal level. it will be because it all started unraveling at the local level and the state level. are the republicans congressmen

has been snooping around and found a lot of weird hanky-panky going on. in fact, maybe potential criminality going on. he joins us on the phone. were you discovering? >> there are a lot of allegations about the websites that were created and given to the federal government as an example but the money flowed as a result and that is an allegation that is out there by some areas we do know that 160 million of the 302-point knowing that they have been allocated already from the federal government has been part of the website that sold to date does not function. there were warnings that were part of years ago and red flags and they were ignored by those in charge of oregon and it is outrageous. and there needs to be accountability. >> it seems to me that if you are in the stateeof oregon, you want to be part of this

exchange. you sort of going to outer space. i mean, how does the president do know that he or she is in that exchange and that the payment has been accepted to be in that exchange. so what is this getting? >> what happened is when they realize that the website was not going to function, they decided they would allow it to operate at all you do is go download a multipage form and you fill it it out by hand and an e-mail and/or fax it in and then they hired several hundred people to process all of this paperwork right hand. and then they send you something else and then there's a lot of chaos and cancellations and uncertainty and this is a multi-hundred million dollar disaster on the face of it. so they are struggling to figure out what to do next and their

questions about this and one incident where someone got someone else's in information mailed to them and it is just a disaster. they may fix it eventually. he you would hope after true three or $400 million that they would get it right. but what a waste of time. that's half the cost just for one state and so why do it to begin with. >> i have to wonder whether oregon is the cursor within woman snafus or money going missing or people can keep track of deposits being made or coverage providing this that shows that they are part of this. i have always argued that as of this this thing falls and collapses on itself that will start in states like oregon and others that are just not up to handling it. >> i think you are right. and i think that beyond that the funding mechanism to keep it going is not working because they rely on a 9-dollar per person in charge to fund the

operation and everything else. well, no one can sign up, so they are not getting the payment in. so now they are going upside down in their administrative funds and they are trying to figure out how they are going to pay for this. so it is actually just a train wreck and time to pull the covers of this and find out what is going on. your tax money and mine and every other american's being plugged into a state system what seems like nobody was in charge and we have a real mess on our hands. >> indeed. congressman, thank you so much. >> you're welcome to. neil: meanwhile, imagine what netflix could do with star wars. and maybe make hbo history. wcome back. how is everhing? there's nothing le being your own boss! d my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotio is in order.

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neil: you will have to do

be >> you will have to do better than that. neil: and tonight business splits. to infinity and beyond. netflix hopes for digger results. this is huge especially with kids. the latest original program increasingly putting the likes of rivals to shame. and they were the bullets kick off tonight on whether netflix with this latest launch has had a tremendous role in tremendous ride. a lot of them are saying that the original programming in and the world doesn't justify this. >> what is interesting than what i like is that they are no longer just a video streaming

company. other companies have searched for gold elsewhere in netflix hit gold in their own backyard with the content ttat people can't get anywhere else. they've done this a couple of times and they've redefined themselves not just for video ce very attractive. keep in mind it is fairly high right now. if they continue to reinvent themselves, this could be something to keep a close eye on. neil: the argument is that you could find this at anytime and get it. now they seem to be branching out a lot more. original programming and the like in thinking that this will be a cash cow. >> i think the problem with these kind of deals is that it's going to cost them a heck of a

lot. the first deal was for the pixar animation stock that were it was going to cost them a lot and that equates to about 3.6 additional million. so it's not a cash cow. it's a cash cow for disney and i think it adds to the momentum of the netflix stock and it's hard to wage against it. but i would try to sort this and i'm not playing on that anymore. >> do you think it is your voice that they have a hbo and showtime killer in netflix has become the new king of this genre. as in that short? >> yeah, it can be. technology is only as good as what have you done for me lately. we've seen this with apple and netflix and as long as they keep entertaining their customer base, they will develop a very loyal following.

but the moment that of fumbles they look for the next best thing. netflix has a good momentum that has to keep going to keep their customers wanting more. neil: picking up with you our second subject and probably something more important. increasingly from a recall of stamps. and these shutdowns have cost a lot. nearly 2 million prius because of a software program that could freeze and cause the car to stall. do we think we can just tell him to hold back or what? >> i think in the case of general motors we should hold back. i would certainly want to look at this to get out if it continues. the legacy problems are never going to go away. the worst problem that they have is knowing about this since the

60s. and they did this for folks that were complaining about it. because that is causing a foul. so they have known about this. i know that i wouldn't touch this stock is going to be the issue for years to come. >> normally whenever you hear a recall or unexplained fires and it could be just a couple of cars. but one photo makes investors for he is in one report gives some positive wondering whether this does cast this on the entire auto industry for a while because people say well, i will just put my money in an area that doesn't generate as many wacky headline.

and this includes quality and value if those promises or if that trust is broken. the company with a recall says that we apologize and we made a mess date and consumers have proven to be very forgiving. and whether we have a liability concern, people want safety and reliability and if those things are not delivered, people shop with their dollars. >> the mind switching gears. focusing on the weather and a lot of people are saying that the retail sales rose last month and now we are getting more indication that this weather is hitting our productivity and maybe hitting our gdp more

significantly than we thought. ss what are we really looking at here? >> it is the first-quarter numbers this includes a significant discount of that. and that means if you're talking about the weather then you have to talk about this that will impact every aspect of the economy to labor and ours were then every metric that we look at. it's going to affect these things and it's going to affect everythitt have clear cture ofthateconomill be dog. we are tonow that a lot of energy related things and that includes those that were in

sunny florida. >> this doesn't have one part of the economy. it is called the university of michigan consumer sentiment survey. will they spend money and that is owing to be part of this and how the weather has affected their decisions. and so again let's keept together. >> i want to thank you guys very much and the snow had stoppedd@ and that they are looking at a minimum of four to 6 inches.

these are great incredible. see you tomorrow. ♪ double mocha ♪ ♪ >> are you a member of the privileged class? you get special breaks in life? politicians say. >> we will all benefit from it. >> all don't benefit. the privileged benefit. >> is there any other large employer that gets the same treatment? >> it doesn't only apply to congress. >> we will be darned if we are going to lose their health insurance because of unintended consequences. >> so unions have a special