Department of Energy Issues Request for Information with a Deadline of October 9, 2026 as First Step of Rulemaking Process for Restrictions on Foreign-sourced Bulk Power Equipment
Following up on our September 1 Legal Update regarding Executive Order 14421 (the “EO”) and the new restrictions on foreign-sourced bulk-power system equipment, there has been an important development. On September 9, 2026, the Department of Energy published a Request for Information titled “Securing the United States Bulk-Power System” (91 Fed. Reg. 57,322) (the “RFI”) as the first step in the rulemaking process contemplated by the EO.
The RFI solicits input across eight topic areas directly relevant to businesses acting in or contemplating transactions in this sector. The topics include the scope of covered equipment and transactions, risks associated with foreign-produced BPS equipment and Covered Foreign Entities, supply chain and remote-access practices, existing equipment and potential mitigation measures, licensing and prequalification, domestic manufacturing and secure replacement capacity, federal procurement, and potential economic and reliability impacts.
The deadline to submit comments in response to the RFI is October 9, 2026. Comments may be submitted through Regulations.gov under Docket No. DOE–HQ–2026–1123, or by email to BulkPowerEO@doe.gov. Companies who may be affected by the EO (particularly those involved in the procurement, importation, or installation of foreign-sourced transformers or other BPS electric equipment) may want to consider the RFI and whether to submit a comment. Submitting comments is a meaningful opportunity for businesses and associations to shape the implementing rules, which DOE is required to publish by December 24, 2026.
