The Federal Communications Commission is reportedly drafting restrictions on foreign-made inverters used in solar and battery energy storage projects, citing concerns that the equipment could be exploited to disrupt U.S. power supplies. No proposed rule has been released, and the effort could still be modified or withdrawn. Recent FCC actions involving foreign-produced drones and consumer routers, however, may indicate how such restrictions could be structured.
If the FCC follows its recent precedent, any restriction is likely to be prospective: new inverter models could face limits on importation, marketing, or sale, while equipment already holding an FCC authorization would generally remain lawful absent further action.
Key considerations for solar and storage project participants:
- Review projects that rely on foreign-made inverters or integrated battery storage systems.
- Confirm whether specified equipment already holds FCC authorization.
- Build model-substitution flexibility into supply and EPC agreements.
- Address continued software, firmware, and security-update support in supply and warranty terms.
- Draft change-in-law provisions to capture restrictions on importing, authorizing, selling, or using specified equipment.
Read the full article on stoel.com for the potential FCC framework, the European precedent, and practical steps to take now.