42 USC 16451 - Definitions

U.S Code last checked for updates: May 04, 2024

§ 16451.

Definitions

For purposes of this part:

(1)

Affiliate

(2)

Associate company

(3)

Commission

(4)

Company

(5)

Electric utility company

(6)

Exempt wholesale generator and foreign utility company

(7)

Gas utility company

(8)

Holding company

(A)

In general

The term “holding company” means—

(i)

any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public-utility company or of a holding company of any public-utility company; and

(ii)

any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public-utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this part upon holding companies.

(B)

Exclusions

The term “holding company” shall not include—

(i)

a bank, savings association, or trust company, or their operating subsidiaries that own, control, or hold, with the power to vote, public utility or public utility holding company securities so long as the securities are—

(I)

held as collateral for a loan;

(II)

held in the ordinary course of business as a fiduciary; or

(III)

acquired solely for purposes of liquidation and in connection with a loan previously contracted for and owned beneficially for a period of not more than two years; or

(ii)

a broker or dealer that owns, controls, or holds with the power to vote public utility or public utility holding company securities so long as the securities are—

(I)

not beneficially owned by the broker or dealer and are subject to any voting instructions which may be given by customers or their assigns; or

(II)

acquired within 12 months in the ordinary course of business as a broker, dealer, or underwriter with the bona fide intention of effecting distribution of the specific securities so acquired.

(9)

Holding company system

(10)

Jurisdictional rates

(11)

Natural gas company

(12)

Person

(13)

Public utility

(14)

Public-utility company

(15)

State commission

(16)

Subsidiary company

The term “subsidiary company” of a holding company means—

(A)

any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and

(B)

any person, the management or policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with one or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this part upon subsidiary companies of holding companies.

(17)

Voting security

(Pub. L. 109–58, title XII, § 1262, Aug. 8, 2005, 119 Stat. 972.)

cite as: 42 USC 16451