Is there a legal basis for the president unilaterally telling private companies what kind of equipment they can use? (Maybe there is, as part of existing formal energy industry regulations, and I'm just not aware of it.)
A US President definitely has the authority to restrict what is used on Government contracts. The Gov is the buyer so they can and do ask what they do and do not want used by the federal contractors.
Can a US President dictate for non-Gov contracts? Strong to weak to none. Strong around infrastructure providers (think power, water, electric, etc.) through the Defense Production Act of 1950 (DPA). This is where this EO falls, "banning certain foreign-manufactured equipment from the U.S. bulk-power system".
Conjecture, but i think this is targeting data centers...
Comments
Is there a legal basis for the president unilaterally telling private companies what kind of equipment they can use? (Maybe there is, as part of existing formal energy industry regulations, and I'm just not aware of it.)
Yes, and no.
A US President definitely has the authority to restrict what is used on Government contracts. The Gov is the buyer so they can and do ask what they do and do not want used by the federal contractors.
Can a US President dictate for non-Gov contracts? Strong to weak to none. Strong around infrastructure providers (think power, water, electric, etc.) through the Defense Production Act of 1950 (DPA). This is where this EO falls, "banning certain foreign-manufactured equipment from the U.S. bulk-power system".
Conjecture, but i think this is targeting data centers...
It is all about those transformers.