Application for Authority to Hold Interlocking Directorate Positions

§ 45.9

18 CFR Ch. I (4–1–05 Edition)

such business; and the type of equipment supplied.
(6) Nature of relationship between
the company supplying electrical
equipment and the public utility:
(i) Whether company manufactures
such electrical equipment or is a dealer
therein.
(ii) Whether company supplies electrical equipment to the public utility
pursuant to construction, service,
agency, or other contract with the public utility or an affiliate thereof, and,
if so, furnish brief summary of the
terms of such contract.
(7) Extent of applicant’s direct or indirect ownership, or control of, or beneficial interest in, the company or in
the securities thereof, including common stock, preferred stock, bonds, or
other securities. If such ownership or
interest is held in a name other than
that of applicant, state name and address of such holder.
(8) All money or property received by
applicant from the company (i) during
the past 12 months, and expected during the ensuing 12 months, or (ii) during the company’s most recently ended
fiscal year, and expected during the
company’s current fiscal year, or (iii)
during the past and current calendar
years, whether for services, reimbursement for expenses, or otherwise. Specify in detail the amount thereof and the
basis therefor.
(f) Data as to positions with public utility holding companies. (Do not include
here data as to corporations listed in
paragraph (b) of this section which are
also holding companies. A holding company as herein used means any corporation which directly or indirectly
owns, controls, or holds with power to
vote, 10 per centum or more, of the outstanding voting securities of a public
utility.)
(1) Name of holding company and address of principal place of business.
(2) Positions which applicant holds
therein, when and by whom elected or
appointed to each position.
(3) Extent of applicant’s direct or indirect ownership, or control of, or beneficial interest in, the holding company or in the securities thereof, including
common
stock,
preferred
stock, bonds, or other securities. If
such ownership or interest is held in a

name other than that of applicant,
state name and address of such holder.
(4) All money or property received by
applicant from the holding company (i)
during the past 12 months, and expected during the ensuing 12 months,
or (ii) during the holding company’s
most recently ended fiscal year, and
expected during the holding company’s
current fiscal year, or (iii) during the
past and current calendar years,
whether for services, reimbursement
for expenses, or otherwise. Specify in
detail the amount thereof and the basis
therefor.
(g) Positions with all other corporations. (Do not include here data that
have been filed within the past 12
months in FERC–561, pursuant to part
46 of this chapter, or data as to any
corporations listed in paragraph (b) or
(f) of this section.)
(1) All other corporations and positions therein, including briefly the information required in parallel columns
as below:
Name of corporation

Address: Kind of
business

Position held
therein

(2) Any corporate, contractual, financial, or business relationships between
any of the corporations listed in paragraph (g)(1) of this section and any of
the public utilities listed in paragraph
(b) of this section.
(h) Data as to the public utility holding
company system. The names of the public utility holding company systems of
which each public utility listed in
paragraph (b) of this section is a part,
with a chart showing the corporate relationships
existing
between
and
among the corporations within the
holding company systems.
[Order 246, 27 FR 4912, May 25, 1962, as
amended by Order 427, 36 FR 5598, Mar. 25,
1971; Order 374, 49 FR 20479–20480, May 15,
1984; Order 435, 50 FR 40358, Oct. 3, 1985]
CROSS REFERENCE: For rules and regulations of the Securities and Exchange Commission, see 17 CFR, chap. II.

§ 45.9 Automatic authorization of certain interlocking positions.
(a) Applicability. Subject to paragraphs (b) and (c) of this section, the

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Federal Energy Regulatory Commission
Commission authorizes any officer or
director of a public utility to hold the
following interlocking positions:
(1) Officer or director of one or more
other public utilities if the same holding company owns, directly or indirectly, that percentage of each utility’s
stock (of whatever class or classes)
which is required by each utility’s bylaws to elect directors;
(2) Officer or director of two public
utilities, if one utility is owned, wholly
or in part, by the other and, as its primary business, owns or operates transmission or generating facilities to provide transmission service or electric
power for sale to its owners; and
(3) Officer or director of more than
one public utility, if such officer or director is already authorized under this
part to hold different positions as officer or director of those utilities where
the interlock involves affiliated public
utilities.
(b) Conditions of authorization. Any
person authorized to hold interlocking
positions under this section must submit, not later than 30 days after assuming the duties of the position, an
informational report in accordance
with paragraph (c) of this section, unless that person is already authorized
to hold interlocking positions of the
type governed by this section.
(c) Informational report. An informational report required under paragraph
(b) of this section must state:
(1) The full name and business address of the person required to submit
this report;
(2) The names of all public utilities
with which the person holds or will
hold the positions of officer or director
and a description of those positions;
(3) The names of any entity, other
than those listed in paragraph (c)(2) of
this section, of which the person is an
officer or director and a description of
those positions; and
(4) An explanation of the corporate
relationship between or among the
public utilities listed in paragraph
(c)(2) of this section which qualifies the
person for automatic authorization
under this section.
[Order 446, 51 FR 4905, Feb. 10, 1986]

§ 46.2

PART 46—PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR
PERSONS
HOLDING INTERLOCKING POSITIONS
Sec.
46.1 Purpose.
46.2 Definitions.
46.3 Purchaser list.
46.4 General rule.
46.5 Covered entities.
46.6 Contents of the written statement and
procedures for filing.
AUTHORITY: Federal Power Act, as amended, (16 U.S.C. 792–828c); Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601–
2645; Department of Energy Organization
Act, (42 U.S.C. 7101–7352); E.O. 12009, 3 CFR
142 (1978).
SOURCE: 45 FR 23418, Apr. 7, 1980, unless
otherwise noted.

§ 46.1

Purpose.

The purpose of this part is to implement section 305(c) of the Federal
Power Act, as amended by section 211
of the Public Utility Regulatory Policies Act of 1978.
[Order 67, 45 FR 3569, Jan. 18, 1980]

§ 46.2

Definitions.

For the purpose of this part:
(a) Public utility has the same meaning as in section 201(e) of the Federal
Power Act and further includes any
company which is part of a holding
company system which includes a registered holding company unless no
company in such system is an electric
utility within the meaning of section 3
of the Federal Power Act. Such term
does not include any rural electric cooperative which is regulated by the
Rural Electrification Administration
of the Department of Agriculture or
any other entities covered in section
201(f) of the Federal Power Act.
(b) The following terms have the
same meaning as in the Public Utility
Holding Company Act of 1935:
(1) Holding company system; and
(2) Registered holding company.
(c) Purchaser means any individual or
corporation within the meaning of section 3 of the Federal Power Act who
purchases electric energy from a public
utility. Such term does not include the

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