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Alert

DOE Releases Request for Information on Implementation of the Bulk-Power System Executive Order

By M.C. Hammond, Stephen J. Humes, Sahar J. Hafeez, Ata A. Akiner, Julian M. Beach

Alert

By M.C. Hammond, Stephen J. Humes, Sahar J. Hafeez, Ata A. Akiner, Julian M. Beach

Takeaways

DOE has released an RFI seeking input from industry and other stakeholders regarding implementation of EO 14421. Comments are due by October 9, 2026.
The RFI requests feedback on issues including scope of covered equipment and transactions, supply chain risk management, and treatment of existing equipment.
DOE’s invite for stakeholder input on scope questions creates an important opportunity for interested parties to help shape the agency’s implementation approach.

09.15.26

On August 26, 2026, President Trump signed Executive Order 14421, Declaring a National Emergency to Secure the United States Bulk-Power System. The Order invokes the International Emergency Economic Powers Act and the National Emergencies Act and revives—while materially expanding—the supply-chain security approach taken in EO 13920 during President Trump’s first term.

The White House fact sheet frames the Order as a response to possible cyber backdoors, remote manipulation and supply disruptions at a time when data centers, artificial intelligence, advanced manufacturing and defense production are increasing dependence on reliable electricity. The Order and emergency declaration principally impact sourcing of bulk-power system electric equipment critical for the grid, such as transformers, grid-connected inverters, battery energy storage systems (ESS), generators, and associated critical software. The Order’s practical effect, however, will depend heavily on U.S. Department of Energy (DOE) determinations, rules, licenses, mitigation arrangements and any pre-qualified equipment or vendor list, including with respect to the scope of relevant equipment and covered foreign entities. 

DOE has released a Request for Information (RFI), “Securing the United States Bulk-Power System,” seeking input from industry and other stakeholders regarding implementation of EO 14421. The Order was issued August 26, 2026, invoking the International Emergency Economic Powers Act and the National Emergencies Act. The Order revives, and materially expands, the supply-chain security approach taken in EO 13920 during President Trump’s first term.

The Order’s practical effect, however, will depend heavily on U.S. Department of Energy (DOE) determinations, rules, licenses, mitigation arrangements and any pre-qualified equipment or vendor list, including with respect to the scope of relevant equipment and covered foreign entities. Thus, this RFI provides an important opportunity for industry to respond to DOE’s requests, including raising any practical barriers of implementation.

Comments are due by October 9, 2026.

The RFI requests feedback on a range of issues, including the scope of covered equipment and transactions, supply chain risk management, and the treatment of existing equipment. Specifically, the DOE seeks information including, but not limited to, the following:

  • Defining the “bulk-power system”: The EO defines “bulk-power system” to include transmission lines rated at 69 kV or more while excluding facilities used in the local distribution of electric energy. Although this language appears to focus on facilities directly serving the electric grid rather than behind-the-meter configurations, the precise boundaries of the definition remain unclear. DOE also asks what facts it should consider when determining whether an article is manufactured, produced or assembled in the United States (including how DOE should treat issues such as contract manufacturing, refurbishment remanufacturing, etc.), and whether there are equipment or transaction classes it should prioritize. 
  • Supply chain due diligence: DOE asks, “[h]ow far into sub-tier supply chains can asset owners, vendors, and service providers reasonably trace ownership, manufacturing location, software and firmware provenance, and access rights for bulk-power system electric equipment?” It also asks what materiality, criticality or risk thresholds should govern the depth of that tracing and how unknown or unavailable information should be treated.
  • Existing equipment and implementation: DOE requests information regarding available mitigation measures for existing equipment and the reliability, safety, availability of secure replacements, and continuity of essential service considerations that should apply before equipment is isolated, disconnected, replaced, or removed. It also seeks input on how licensing procedures should address pending procurements, imminent outages, emergency restoration and unavailable secure replacements.
  • Risk evaluation and transaction review: DOE asks what factors best measure the risk of supply chain disruption including identification of equipment or critical inputs for which single-source or concentrated supply, limited domestic capacity creates material risk.
  • Compliance costs: DOE requests information regarding potential compliance costs and the effects of possible DOE implementation measures on equipment prices, lead times, supplier concentration, maintenance support, and outages or downtime.
  • Domestic manufacturing, secure replacement and federal procurement: DOE asks about the current and reasonably anticipated U.S. manufacturing capacity for major categories of bulk-power system and critical components including identification of capacity constraints and demand certainty.

DOE has specifically invited stakeholder input on these scope questions, creating an important opportunity for interested parties to help shape the agency’s implementation approach.

DOE will also host a public webinar on September 16, 2026, from 3:00 p.m. to 4:00 p.m. EDT to discuss the RFI, with further information available here.

Companies and other stakeholders evaluating the potential impact of the executive order may wish to consider participating in the RFI process. Pillsbury is closely monitoring these developments and is available to assist clients in assessing the implications of the EO 14421, preparing comments, and developing engagement strategies with DOE.

Tags
Projects, Energy, Fusion Energy, Energy Capital Markets, Hydrogen, Nuclear Energy, Renewable Energy, Renewable & Low Carbon Fuels
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