DOE Issues Request for Information on Securing U.S. Bulk-Power System Under Executive Order 14421

On Sept. 9, 2026, the U.S. Department of Energy (DOE) is expected to publish a request for information (RFI) in the Federal Register seeking public input on implementing Executive Order 14421, which declared a national emergency to secure the U.S. bulk-power system. The RFI solicits information from utilities, equipment manufacturers, software developers, service providers and other stakeholders to help DOE develop rules, regulations and policies addressing equipment, software and supply chain vulnerabilities in the nation’s electric grid.

Key Dates and Action Items

• Federal Register Publication Date: Sept. 9, 2026
• Docket No. DOE-HQ-2026-1123; RIN 1901-AB79
• Comment Deadline: 30 days after publication (on or about Oct. 9, 2026)
• Public Webinar: Wednesday, Sept. 16, 2026, from 3-4 p.m. EDT
• Implementing Rules Due: 120 days from EO issuance (on or about Dec. 24, 2026)
• FAR Revision Recommendations Due: 180 days from EO issuance (on or about Feb. 22, 2027)

Background

EO 14421 (previously numbered EO 14420), issued on Aug. 26, 2026, declared a national emergency based on findings that foreign actors are increasingly exploiting vulnerabilities in the U.S. bulk-electric power system. The order “prohibits any acquisition, importation, transfer, or installation of foreign-produced bulk-power system electric equipment” that is connected to a Covered Foreign Entity and that poses a specified national security risk. The order cited concerns with foreign-produced bulk-power system electric equipment, including those that may contain digital backdoors enabling remote foreign access, and that continued reliance on foreign sources for bulk-power equipment creates supply chain vulnerabilities that could disrupt the nation’s electricity grid.

The executive order directs the Secretary of Energy to address transactions involving certain foreign-produced equipment, existing equipment risks, mitigation measures, licensing, prequalification procedures and federal procurement of bulk-power system electric equipment.

Topics Covered in the RFI

DOE is seeking stakeholder input on a broad range of implementation issues, including:

• Scope, Definitions and Covered Transactions: Clarifying which equipment categories, transactions and supply chain components fall within the executive order’s coverage, including software, firmware, digital services, maintenance services and remote-access capabilities.
• Covered Foreign Entities and Supply Chain Risk Management: Identifying foreign ownership, control and influence; tracing supply chains; and implementing cybersecurity and risk management practices.
• Risk Evaluation and Transaction Review: Criteria for evaluating system criticality, consequence analysis and transaction review processes.
• Existing Equipment and Mitigation: Identifying, isolating, monitoring, securing, disconnecting, replacing or removing equipment that may present risks.
• Licensing, Mitigation Measures and Prequalification: Determining requirements for license applications and criteria for prequalifying equipment and vendors.
• Domestic Manufacturing, Secure Replacements and Federal Procurement: Assessing U.S. manufacturing capacity, secure replacement options and recommended revisions to federal acquisition regulations.
• Economic and Regulatory Analysis: Estimating compliance costs, market impacts and system impacts (pro and con) of implementing the order.
• Implementation, Information Sharing and Other Matters: Suggesting potential technical assistance, pilot programs, model contracts and data standards to help asset owners, manufacturers, vendors and service providers prepare for implementation.

Who Should Respond

Any entity procuring, constructing or using equipment or software serving the bulk-power system should respond if it may be impacted by the prohibitions and restrictions of EO 14421 and want to educate DOE about those impacts. Such entities from which DOE seeks input include electric utilities and other asset owners and operators; independent power producers; equipment manufacturers; component and sub-tier suppliers; software and firmware developers; digital and cloud service providers; engineering, procurement and construction firms; distributors and resellers; investors; insurers; labor organizations; trade associations; academic institutions; and state, local, tribal and territorial governments.

Respondents are not required to answer every question in the RFI and may provide responses to questions most relevant to their expertise and experience.

How to Respond

Responses are due 30 days after publication, on or about Friday, Oct. 9, 2026. DOE encourages submission through www.regulations.gov under Docket No. DOE-HQ-2026-1123.

Public Webinar

DOE will host an informational webinar on Wednesday, Sept. 16, 2026, from 3-4 p.m. EDT to assist stakeholders in understanding and responding to the RFI. Participants should register ahead of time.

Registration information and participant instructions will be available on the Office of Cybersecurity, Energy Security, and Emergency Response (CESER) website.

A transcript of the webinar will be included in the public docket.

What’s Next

EO 14421 directs the Secretary of Energy, within 120 days of its issuance, to publish rules or regulations implementing the order, making the rules due to be published on or about Dec. 24, 2026. DOE will use information gathered through this RFI to inform its development of regulations, orders, directives and licensing procedures. Additionally, within 180 days, or on or about Feb. 22, 2027, the Secretary must develop recommended revisions to the Federal Acquisition Regulation to address national security risks in federal procurements of energy infrastructure.

Contact

The lawyers and professionals at McGuireWoods and McGuireWoods Consulting are monitoring these developments and related agency implementation. For questions or more information, reach out to one of the authors or a member of McGuireWoods’ Energy Infrastructure Practice Group.