18 C.F.R. 18 CFR--PART 366
Title 18 - Conservation of Power and Water Resources
Effective Date(s): August 28, 2006 2. Section 366.1 is amended by revising the definitions of “exempt wholesale generator” and “foreign utility company” to read as follows: For purposes of this part: * * * * * Exempt wholesale generator. The term “exempt wholesale generator” means any person engaged directly, or indirectly through one or more affiliates as defined in this subchapter, and exclusively in the business of owning or operating, or both owning and operating, all or part of one or more eligible facilities and selling electric energy at wholesale. For purposes of establishing or determining whether an entity qualifies for exempt wholesale generator status, sections 32(a)(2) through (4), and sections 32(b) through (d) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z–5a(a)(2)–(4), 79z–5a(b)–(d)) shall apply. Foreign utility company. The term “foreign utility company” means any company that owns or operates facilities that are not located in any state and that are used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, if such company: (1) Derives no part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, within the United States; and (2) Neither the company nor any of its subsidiary companies is a public-utility company operating in the United States. * * * * *
Amendment from July 28, 2006
18 CFR--PART 366
Amendment(s) published July 28, 2006, in 71 FR 42755
§ 366.1 Definitions.
