DOE RFI For Trump Executive Order On Bulk-Power System Grapples With National Security Implications Of Evolving U.S. Electrical Grid

On July 8, 2020, the U.S. Department of Energy (“DOE”) released a Request for Information (“RFI”), requesting public comments by August 7 on Executive Order 13920 that President Trump issued on May 1, 2020, entitled: “Securing the United States Bulk-Power System,” (the “EO”). The EO declares a “national emergency” with respect to U.S. electrical grid infrastructure threats and institutes a broad prohibition on bulk-power system (“BPS”) electric equipment that could be manipulated or exploited by “foreign adversaries.” The EO and RFI formally set in motion a regulatory process for the issuance of regulations by the U.S. Department of Energy (“DOE”) by September that will likely include ‘blacklisted' and ‘pre-qualified' foreign equipment suppliers, and criteria for the U.S. government to evaluate and approve or block individual commercial transactions.