Oktober 05. 2022

Department of Energy Takes First Step Toward Using Biden Administration’s Defense Production Act Authorities


On October 3, 2022, the US Department of Energy (DOE) issued a Request for Information (RFI) seeking public comment on general use of Title III of the Defense Production Act (DPA) as well as on transformers and critical electric grid components and three other technology areas announced by President Biden on June 6, 2022: solar photovoltaics; insulation materials; and electrolyzers, platinum group metals, and fuel cells for clean hydrogen.

The RFI states that the fifth technology area identified in the president’s announcement—heat pumps—will be addressed in a separate RFI. The related Presidential Determinations required under the DPA are for Transformers and Electric Power Grid ComponentsElectrolyzers, Fuel Cells and Platinum Group MetalsInsulationSolar Photovoltaic Modules and Module Components, and Electric Heat Pumps.

Also, this RFI also does not cover the president’s DPA determination announced on March 31, 2022, regarding strategic and critical materials necessary for the clean energy transition—materials such as lithium, nickel, cobalt, graphite, and manganese for large-capacity batteries.

In the related RFI announcement, DOE stated that it is “interested in gathering public input on how to use the DPA to address in parallel:

  • Technology supply chain challenges and opportunities
  • Domestic manufacturing, including small and medium-sized scale
  • American workforce investment
  • Energy equity, community access, and economic benefit”

Comments are due on the RFI by November 30, 2022, and are to be submitted as described in the RFI.

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