Updated: January 15, 2021

On May 1, 2020, President Trump signed Executive Order 13920, "Securing the United States Bulk-Power System," (BPS EO) which authorizes U.S. Secretary of Energy Dan Brouillette to work with Federal partners and the energy industry to secure America’s Bulk-Power System. The Department of Energy (DOE) issued a press release on May 1, 2020.

On December 17, Secretary Brouillette issued a prohibition order related to the EO, “Prohibition Order Securing Critical Defense Facilities” The order applies to a limited number of utilities and specific BPS electric equipment from the People’s Republic of China that poses an undue risk to the BPS, the security or resilience of critical infrastructure, the economy, national security, or safety and security of Americans. The DOE issued a press release on December 17, 2020.

In anticipation of issuing a notice of proposed rulemaking later this year, the Department is reviewing comment submissions from the Request for Information (RFI) that closed on August 24. The public may view comments submitted in response to the RFI, however, please note that Regulations.gov may have reduced functionality on Tuesdays and Thursdays as the beta site is tested on those days, but all submitted comments will be recorded.

About the EO:

The EO declares threats to the bulk-power system by foreign adversaries constitute a national emergency. Serving as the backbone of our Nation’s energy infrastructure, the BPS is fundamental to national security, emergency services, critical infrastructure, and the economy. The 2019 Worldwide Threat Assessment and the 2020-2022 National Counterintelligence Strategy describe in detail the threat foreign adversaries pose to our critical infrastructure and the importance of energy to the United States. Accordingly, it is imperative we work quickly to increase protections to the U.S. bulk-power system.

DOE, in consultation with the heads of other agencies, will issue regulations implementing the authorities delegated to the Secretary in this EO. While the EO is applicable to both the Federal government and industry, the rulemaking process will allow ample opportunity for stakeholder comment and input and will provide flexibility in the timeline for implementation.

BPS EO Specific Reference Documents:

Related Reference Documents:

Upon issuance of the RFI, DOE’s guidelines on ex parte communications now govern how interested parties may communicate with DOE about the rulemaking. The guidelines, available at https://www.energy.gov/sites/prod/files/gcprod/documents/ex_parte_guidance.pdf, require DOE employees to have the primary goal of listening and asking clarifying questions during meetings with interested parties. We cannot engage in negotiation or reveal substantive aspects of the forthcoming rulemaking. This restriction is meant to safeguard the integrity of DOE’s rulemaking process and is in effect until a FINAL rule is published. For additional information regarding the BPS EO, please email bulkpowersystemEO@hq.doe.gov.