18 Cfr 45.1

Pt. 45

18 CFR Ch. I (4–1–05 Edition)

PART 45—APPLICATION FOR AUTHORITY
TO
HOLD
INTERLOCKING POSITIONS
Sec.
45.1 Applicability; who must file.
45.2 Positions requiring authorization.
45.3 Time of filing application.
45.4 Supplemental applications.
45.5 Supplemental information.
45.6 Termination of authorization.
45.7 Form of application; number of copies.
45.8 Contents of application; filing fee.
45.9 Automatic authorization of certain
interlocking positions.
AUTHORITY: Department of Energy Organization Act, 42 U.S.C. 7101–7352 (1982); Exec.
Order No. 12,009, 3 CFR 142 (1978); Independent Offices Appropriations Act, 31 U.S.C.
9701 (1982); Federal Power Act, 16 U.S.C. 791a–
825r (1982); Public Utility Regulatory Policies Act, 16 U.S.C. 2601–2645 (1982).
SOURCE: Order 141, 12 FR 8501, Dec. 19, 1947,
unless otherwise noted.
CROSS REFERENCES: For rules of practice
and procedure, see part 385 of this chapter.
For forms under rules of practice and regulations under the Federal Power Act, see part
131 of this chapter.

§ 45.1 Applicability; who must file.
(a) This part applies to any person
seeking to hold the following interlocking positions:
(1) Officer or director of more than
one public utility;
(2) Officer or director of a public utility and of any bank, trust company,
banking association, or firm that is authorized by law to underwrite or participate in the marketing of securities
of a public utility; or
(3) Officer or director of a public utility and of any company supplying electrical equipment to a public utility.
(b) Any person seeking to hold any
interlocking position described in § 45.2
of this chapter must do the following:
(1) Apply for Commission authorization under § 45.8 of this chapter; or
(2) If qualified, comply with the requirements for automatic authorization under § 45.9 of this chapter.
[Order 446, 51 FR 4904, Feb. 10, 1986]

§ 45.2 Positions requiring authorization.
(a) The positions subject to this part
shall include those of any person elected or appointed to perform the duties

or functions ordinarily performed by a
president, vice president, secretary,
treasurer, general manager, comptroller, chief purchasing agent, director or partner, or to perform any other
similar executive duties or functions,
in any corporation 1 within the purview
of section 305(b) of the Act. With respect to positions not herein specifically mentioned which applicant holds
and which are invested with executive
authority, applicant shall state in the
application the source of such executive authority, whether by bylaws, action of the board of directors, or otherwise.
(b) Corporations 1 within the purview
of section 305(b) of the Act include:
(1) Any public utility under the Act,
which means any person who owns or
operates facilities for the transmission
of electric energy in interstate commerce, or any person who owns or operates facilities for the sale at wholesale
of electric energy in interstate commerce.
(2) Any bank, trust company, banking association, or firm that is authorized by law to underwrite or participate in the marketing of public utility
securities; this includes any corporation when so authorized whether or not
same may also be a public utility and/
or a holding company. (See 12 U.S.C.
378)
(3) Any company that supplies electrical equipment to a public utility in
which applicant seeks authorization to
hold a position, whether the supplying
company be a manufacturer, or dealer,
or one supplying electrical equipment
pursuant to a construction, service,
agency, or other contract.
(c) Regardless of any action which
may have been taken by the Commission upon a previous application under
section 305(b) of the Act, an application
for approval under such section is required with reference to any position
or positions not previously authorized
1 Corporation means any corporation, jointstock company, partnership, association,
business trust, organized group of persons,
whether incorporated or not, or a receiver or
receivers, trustee or trustees of any of the
foregoing. It shall not include municipalities
as defined in the Federal Power Act (sec. 3,
49 Stat. 838; 16 U.S.C. 796).

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