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II

105TH CONGRESS 1ST SESSION

S. 621

To repeal the Public Utility Holding Company Act of 1935, to enact the Public Utility Holding Company Act of 1997, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1997

Mr. D'AMATO (for himself, Mr. MURKOWSKI, Mr. DODD, Mr. SARBANES, Mr. GRAMM, Mr. SHELBY, Mr. MACK, Mr. FAIRCLOTH, Mr. ALLARD, Mr. LOTT, Mr. DOMENICI, Mr. AKAKA, Mr. INOUYE, Mr. COATS, Mr. COCHRAN, Mr. ROBERTS, Mr. BROWNBACK, Mr. COVERDELL, Mr. SPECTER, and Mr. NICKLES) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To repeal the Public Utility Holding Company Act of 1935, to enact the Public Utility Holding Company Act of 1997, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Public Utility Holding

5 Company Act of 1997".

6 SEC. 2. FINDINGS AND PURPOSES.

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(a) FINDINGS.-The Congress finds that

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(1) the Public Utility Holding Company Act of

1935 was intended to facilitate the work of Federal

and State regulators by placing certain constraints
on the activities of holding company systems;

(2) developments since 1935, including changes
in other regulation and in the electric and gas indus-
tries, have called into question the continued rel-

evance of the model of regulation established by that
Act;

(3) there is a continuing need for limited Fed-
eral and State regulation in order to ensure the rate
protection of utility customers; and

(4) limited Federal regulation is necessary to
supplement the work of State commissions for the
continued rate protection of electric and gas utility

customers.

(b) PURPOSES.—The purposes of this Act are-

(1) to eliminate unnecessary regulation, yet
continue to provide for consumer protection by facili-
tating existing rate regulatory authority through im-

proved Federal and State commission access to

books and records of all companies in a holding com-

pany system, to the extent that such information is

relevant to rates paid by utility customers, while af-

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fording companies the flexibility required to compete

in the energy markets; and

(2) to address protection of electric and gas utility customers by providing for Federal and State

access to books and records of all companies in a

holding company system that are relevant to utility

rates.

8 SEC. 3. DEFINITIONS.

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For purposes of this Act

(1) the term "affiliate" of a company means

any company 5 percent or more of the outstanding voting securities of which are owned, controlled, or

held with power to vote, directly or indirectly, by such company;

(2) the term "associate company" of a company means any company in the same holding company system with such company;

(3) the term "Commission" means the Federal

Energy Regulatory Commission;

(4) the term "company" means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee,

or other liquidating agent of any of the foregoing;

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(5) the term "electric utility company" means

any company that owns or operates facilities used for the generation, transmission, or distribution of

electric energy for sale;

(6) the terms "exempt wholesale generator" and "foreign utility company" have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935, as those sections existed on the day before the effective date of this Act;

(7) the term "gas utility company" means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or

power;

(8) the term "holding company" means

(A) 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

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(B) 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 under

standing 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 Act upon holding companies;

(9) the term "holding company system" means a holding company, together with its subsidiary com

panies;

(10) the term "jurisdictional rates" means rates established by the Commission for the transmission of electric energy in interstate commerce, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas in interstate commerce, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use;

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