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Energy and permitting policy, read from the public record.

Register entry No. 0023Report85 FR 26595

DOE asks for input on foreign grid-equipment limits under E.O. 14421, 91 FR 57322

A Sept. 9 request for information from DOE's cybersecurity office poses 36 numbered questions on which transformers, inverters, batteries and control systems the Aug. 26 bulk-power emergency order should reach. Responses are due Oct. 9, 2026; no country or vendor has yet been named.

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Summary

“This request for information is issued solely for informational and planning purposes,” the Department of Energy wrote on September 9, 2026, adding that it “does not constitute a proposed rule, order, directive, license, or determination concerning any country, person, transaction, equipment, or vendor” [1]. The notice, at 91 FR 57322 under RIN 1901-AB79, is the first public implementing step under Executive Order 14421 of August 26, 2026, which declared a national emergency over foreign-produced bulk-power system electric equipment under the International Emergency Economic Powers Act and the National Emergencies Act [1, 2]. Andrew McClure, director of DOE’s Office of Cybersecurity, Energy Security, and Emergency Response (CESER), signed it on September 4 [1].

What the record shows

The order the RFI implements

E.O. 14421 finds that the foreign supply of bulk-power equipment is an “unusual and extraordinary threat” to national security, foreign policy and the economy [2]. Section 2(a) prohibits the acquisition, importation, transfer or installation of foreign-produced bulk-power equipment where a foreign country or national has an interest, the transaction began after August 26, and the Secretary of Energy determines two things [2]. The first is that the equipment, or a critical component, software, firmware, digital service, maintenance service or remote-access capability tied to it, comes from persons owned by, controlled by, or subject to the jurisdiction or direction of a “Covered Foreign Entity” [2]. The second is that the transaction poses an undue risk of sabotage, subversion, unauthorized access, malicious remote action or supply disruption, an undue risk of catastrophic effects on critical infrastructure or the economy, or an otherwise unacceptable risk to national security [2].

The prohibitions apply “notwithstanding any contract entered into or any license or permit granted prior to the date of this order” [2]. Section 2(e) allows a published list of pre-qualified equipment and vendors exempt from section 2(a), and section 2(f) bars evasion and conspiracies to violate the order [2].

A Covered Foreign Entity is a country, or a person tied to the government of a country, that is subject to a U.S. arms embargo or sanctions regime under the International Traffic in Arms Regulations at 22 CFR 126.1, or that the Secretary, after consultation, finds is engaged in conduct detrimental to U.S. national security or foreign policy [2].

Existing equipment is covered too. Under section 2(b), the Secretary may impose conditions on the continued use, maintenance, servicing or updating of foreign equipment installed before the order, up to disconnection, replacement or removal [2]. “Before directing isolation, disconnection, replacement, or removal, the Secretary shall consider effects on reliability and safety, the availability of secure replacements, and continuity of essential service, and may establish phased compliance,” the order says [2].

What DOE is asking

The RFI says DOE wants “practical, risk-informed, and administrable approaches to implementing E.O. 14421” [1]. It poses 36 numbered questions in eight groups, labeled A through H [1]. Several go to the edges of the order’s equipment list:

Group What DOE asks
A, scope Which categories need clarification, with named examples: grid-connected inverters, battery energy storage, uninterruptible power supplies, small and backup generators, industrial control systems, and facilities that combine transmission and distribution functions; what voltage, capacity or connectivity thresholds would help (A-2) [1]
A, origin How to treat final assembly, substantial transformation, white-labeling, refurbishment and foreign critical components when deciding what is “foreign-produced” (A-5) [1]
B, supply chain How far into sub-tier suppliers owners and vendors can trace ownership, manufacturing location and software provenance (B-2) [1]
D, installed base What inventory fields utilities keep today, and what isolation, monitoring or replacement options exist (D-1, D-2) [1]
F, domestic supply Which equipment and inputs, including critical minerals, depend on concentrated foreign sources, and what U.S. capacity exists or is planned (F-1, F-2) [1]
G, costs One-time and recurring compliance costs by respondent type and size, and effects on prices, lead times and electricity rates (G-1 through G-7) [1]

DOE names the respondents it most wants to hear from, a list that runs from utilities, independent power producers and equipment makers to insurers, labor organizations and State, local, Tribal and territorial governments [1]. It asks for aggregated or anonymized examples where transaction details are sensitive, and sets out a two-copy email procedure for confidential business information under 10 CFR 1004.11 [1].

Where it sits in the process

How does E.O. 14421 compare with the 2020 bulk-power order?

E.O. 13920, issued May 1, 2020, used the same basic structure [4]. Its emergency targeted equipment from a “foreign adversary,” a term it defined by conduct significantly adverse to U.S. national security [4]. On December 17, 2020, DOE issued a prohibition order under it that applied to a limited number of utilities serving critical defense facilities and to certain equipment tied to the People’s Republic of China [5]. On January 20, 2021, E.O. 13990 suspended E.O. 13920 for 90 days and told DOE and OMB to “consider whether to recommend that a replacement order be issued” [5]. DOE revoked the prohibition order effective April 20, 2021, ahead of the emergency’s May 1, 2021, expiration [5].

Provision E.O. 13920 (2020) E.O. 14421 (2026)
Targeted source “Foreign adversary” [4] “Covered Foreign Entity,” linked to 22 CFR 126.1 or a Secretary’s finding [2]
Equipment list Transformers, breakers, relays, generators, control systems and similar items [4] Same core list, with inverters, battery storage systems, small generators and UPS units serving critical infrastructure added [2]
Existing equipment Recommendations on ways to identify, isolate, monitor or replace [4] Secretary may impose conditions directly, including removal, with phased compliance [2]
Rule deadline 150 days [4] 120 days, “as needed” [2]
Bulk-power definition Lines rated 69 kV or more; local distribution excluded [4] Same 69 kV line and distribution exclusion [2]

What are the next dates?

DOE’s informational webinar is set for September 16, 2026, from 3 to 4 p.m. EDT, with a transcript to be placed in the docket [1]. Responses are due October 9 [1]. Section 3(b) of the order gives the Secretary 120 days from August 26 to publish implementing rules as needed; by this publication’s count that window closes December 24, 2026 [2]. Section 4 gives 180 days to send the FAR Council recommended procurement revisions that favor U.S.-manufactured energy infrastructure, which by the same count is February 22, 2027, and the FAR Council then has 90 days to consider proposing amendments [2].

The Federal Energy Regulatory Commission holds its annual Commissioner-led reliability technical conference on October 21 in Docket No. AD26-8-000, “to discuss policy issues related to the reliability and security of the Bulk-Power System” [6]. The September 14 supplemental notice says an agenda will follow and does not mention E.O. 14421 [6].

What the record does not show

  • Any Covered Foreign Entity. Neither the order nor the RFI names a country or company [1, 2]. The order leaves those findings to rules issued under section 3(b) [2].
  • A transaction threshold. The order lists equipment types but sets no voltage or megawatt floor below the 69 kV line rating [2]. DOE’s question A-2 asks respondents to propose one [1].
  • Prequalification criteria. Group E is titled “Licensing, Mitigation Measures, and Prequalification” but contains a single question, E-1, on license application contents and timelines [1]. How a vendor would get on the section 2(e) list is not addressed.
  • The fate of pending deals. The order covers transactions “initiated after” August 26 [2]. Neither document defines when a multi-year transformer or inverter procurement counts as initiated; question E-1 asks how DOE should treat pending procurements [1].
  • Cost. DOE offers no estimate of compliance or replacement costs and asks respondents to supply them [1].
  • A consistent docket number. The heading reads DOE-2026-HQ-2026-1123, while the addresses section and email instructions use DOE-HQ-2026-1123 [1].

Positions on the record

The White House. The fact sheet issued with the order says it “generally prohibits certain foreign-produced bulk-power system electric equipment” from purchase or installation, or conditions those purchases [3]. The order’s operative text reaches a transaction only after the Secretary’s section 2(a) determinations [2]. The fact sheet also says “The Order does not apply to facilities used for local distribution of electric energy,” and lists the order beside earlier Section 232 tariff actions and an April 2025 grid executive order [3].

DOE. The department frames its request around reliability limits that the order itself sets: question D-3 asks what reliability, safety and replacement-availability factors DOE should weigh before ordering any disconnection, and question G-7 asks about effects on rural systems, cooperatives and publicly owned utilities [1]. Question H-3 asks whether industry standards and third-party labs could “limit the U.S. government role in initial execution” [1].

Industry and states. The record cited here contains no response from a utility, manufacturer, trade group or state. The first public exchange is the September 16 webinar, whose transcript DOE says it will place in the docket [1].

Reading-room questions

Questions readers bring to this record, answered from the documents cited below.

When are responses due on DOE's bulk-power system RFI?
October 9, 2026 [1]. Responses go to Regulations.gov under the docket DOE-HQ-2026-1123 or by email to BulkPowerEO@doe.gov, and DOE holds an informational webinar on September 16 from 3 to 4 p.m. EDT [1].
Does E.O. 14421 ban foreign-made transformers right now?
No transaction is barred until the Secretary of Energy makes the determinations in section 2(a) of the order, including that the equipment is tied to a Covered Foreign Entity and poses an undue or unacceptable risk [2]. DOE says the RFI itself is not a determination about any country, vendor or equipment [1].
Which equipment does the bulk-power emergency order cover?
Items used in bulk-power substations, control rooms or generating stations, from substation transformers and high-voltage breakers to grid-connected inverters, battery storage and industrial control systems [2]. Distribution facilities are outside the order's bulk-power definition, which includes lines rated 69 kV or more [2, 3].
Could utilities have to remove equipment already installed?
The order lets the Secretary set conditions on existing foreign equipment, up to replacement or removal, after weighing reliability, safety, replacement supply and continuity of service, and allows phased compliance [2]. DOE's questions D-1 through D-4 ask what inventory data and mitigation options exist before any such step [1].
When must DOE issue rules under E.O. 14421?
The order sets a 120-day window from August 26, 2026, for implementing rules "as needed" [2]. By this publication's count that falls on December 24, 2026 [2].

Note on sourcing

This report draws on the request for information and Executive Order 14421 as published in the Federal Register, the White House fact sheet issued the day the order was signed, and the 2020 and 2021 documents on the earlier bulk-power order. The Dec. 24, 2026, and Feb. 22, 2027, dates are this publication's count from the order's 120-day and 180-day clocks; DOE has not published them. No utility, manufacturer or trade group statement on the request appears in the record cited here. The Federal Register heading and the addresses section give the docket number in two different forms.

Sources

  1. Securing the United States Bulk-Power System, request for information, 91 FR 57322 (FR Doc. 2026-18370)Federal Register (DOE), September 9, 2026 · federalregister.gov
  2. Executive Order 14421, Declaring a National Emergency To Secure the United States Bulk-Power System, 91 FR 55995 (FR Doc. 2026-17843)Federal Register (Executive Office of the President), August 31, 2026 · federalregister.gov
  3. Fact Sheet: President Donald J. Trump Declares a National Emergency to Secure America's Bulk-Power SystemThe White House, August 26, 2026 · whitehouse.gov
  4. Executive Order 13920, Securing the United States Bulk-Power System, 85 FR 26595 (FR Doc. 2020-09695)Federal Register (Executive Office of the President, 2020), May 4, 2020 · federalregister.gov
  5. Revocation of Prohibition Order Securing Critical Defense Facilities, 86 FR 21308 (FR Doc. 2021-08483)Federal Register (DOE, 2021), April 22, 2021 · federalregister.gov
  6. Reliability Technical Conference; Second Supplemental Notice, Docket No. AD26-8-000, 91 FR 58115 (FR Doc. 2026-18773)Federal Register (FERC), September 14, 2026 · federalregister.gov

Subject headings

Cross-references

Other register entries filed under the same subject headings.

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  3. No. 0012 · Report · 1 shared headingDOE publishes three DPA plans of action for nuclear fuel consortium, with 60-day reports on uranium permitting and recycling