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.
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
© Copyright 2026. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
