Overview
On September 9, 2026, the Department of Energy (DOE) issued a request for information seeking public input on implementation of President Trump's August 26 Bulk-Power System Executive Order (number 14421). Steptoe's prior update on that order can be found here. The Executive Order would prohibit imports, transfers, or installation of certain foreign-produced bulk-power system electric equipment (or associated critical components and software) that the secretary of energy determines poses an undue risk to national security. The DOE is now seeking information on a wide range of questions concerning how to implement the Executive Order. Comments are due October 9, 2026.
Among other things, the DOE is requesting information on which equipment and transactions should be covered, how to assess foreign ownership and supply chain risks, how to address risks posed by installed equipment, and how to structure compliance requirements.
Below is a summary of the main categories in the RFI.
Bulk-power system equipment scope and definitions. DOE seeks comments on:
- How to further define "bulk-power system electric equipment." The phrase (as used in the Executive Order) means "items used in bulk-power system substations, control rooms, or power generating stations" including reactors, capacitors, transformers, grid-connected inverters, battery energy storage systems, uninterruptible power supply systems (UPS) supporting critical infrastructure, current coupling capacitors, and generators.
- What criteria to use to determine when a critical component, software, firmware, digital service, maintenance service, remote-access capability, is sufficiently "associated with" bulk-power system electric equipment to fall within the scope of a transaction review or other implementation measure?
- How should DOE treat general-purpose hardware, commercial software, open-source software, telecommunications, cloud infrastructure, and enterprise services that support both bulk-power system and non-bulk-power-system functions?
- What facts should DOE consider when determining whether an article is manufactured, produced, or assembled in the United States?
- How should DOE treat final assembly, substantial transformation, domestic content, contract manufacturing, original design manufacturing, and incorporation of foreign critical components?
Covered foreign entities and supply chain risk management. The Executive Order defined a "Covered Foreign Entity" as a country or person owned, controlled, or subject to the jurisdiction of a government of a foreign country that is subject to a United States arms embargo or sanctions regime or that the DOE determines is "engaged in conduct that is detrimental to the national security or foreign policy of the United States." The DOE now seeks information on:
- How should DOE determine whether software, firmware, or remote-access capabilities were "designed, developed, manufactured, or supplied" by persons owned by, controlled by, or subject to the jurisdiction or direction of a Covered Foreign Entity?
- How far into the supply chains can owners and service providers reasonably trace ownership, manufacturing location, and software provenance?
- What capabilities exist to maintain software, firmware, and hardware bills of materials, track supply chain provenance and white-labeling; authenticate genuine components and prevent tampering?
- What practices are used to secure software, firmware, and remote-access capabilities associated with bulk-power system electric equipment?
- How should DOE evaluate supply chain risk?
Existing installed equipment and domestic manufacturing. Finally, DOE seeks comments on how to address the risks posed by equipment that is already installed and how to increase domestic manufacturing capacity.
- For foreign-manufactured or operated existing equipment that may present the risks described in the Executive Order, what measures are available to identify, isolate, monitor, secure, disconnect, replace, or remove the equipment?
- Which categories of bulk-power system electric equipment, critical components, software, firmware, production tooling, testing capability, or critical minerals are materially dependent on foreign sources or concentrated in a limited number of countries or suppliers?
- What is the current anticipated US manufacturing, capacity for bulk-power system electric equipment and critical components?
DOE will hold an informational webinar on September 16, 2026. Companies considering submitting comments can focus on the questions most relevant to their particular products and operations. It is not necessary or expected to respond to each question.
The RFI provides an important opportunity to shape DOE's thinking as it develops its implementation to the Executive Order.
