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SECURING AMERICA’S BULK-POWER SYSTEM: Today, President Donald J. Trump signed an Executive Order to protect the security, integrity, and reliability of bulk-power system electric equipment used in the United States, particularly from interference by foreign actors. The Order declares a national emergency under the International Emergency Economic Powers Act and the National Emergencies Act with respect to the unusual and extraordinary foreign threat to the United States involving bulk-power systems produced abroad that may present national security vulnerabilities.

To deal with the threat to the national security, foreign policy, and economy of the United States, the Order, among other things, generally prohibits certain foreign-produced bulk-power system electric equipment, including associated critical software and digital capabilities that could pose cybersecurity or operational risks, from being purchased or installed in the United States, or appropriately conditions such purchases and installations to address those risks.

The Order focuses on transactions involving foreign nationals that pose an undue risk of sabotage, unauthorized access, or other disruption, an undue risk of catastrophic effects on the security or resiliency of U. S. critical infrastructure, or an unacceptable risk to the security of the U. S. The Order does not apply to facilities used for local distribution of electric energy.

The Order further permits the Secretary of Energy, in consultation with other members of the Cabinet, to impose conditions on the continued use and operation of such equipment as needed to address the concerns identified in the Order, bearing in mind effects on reliability, safety, availability of replacements, and continuity of service. The Order directs the Secretary of Energy to publish rules operationalizing and implementing the Order as needed.

The Order further directs the Secretary of Energy, in consultation with other members of the Cabinet, to identify bulk-power system electric equipment that may pose risks identified in the Order…

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