18 Cfr 366.1

SUBCHAPTER T [RESERVED]
SUBCHAPTER U—REGULATIONS UNDER THE PUBLIC UTILITY
HOLDING COMPANY ACT OF 2005, FEDERAL POWER
ACT AND NATURAL GAS ACT
PART 366—BOOKS AND RECORDS
Subpart A—Definitions and Provisions
Under PUHCA 2005, the Federal Power
Act and the Natural Gas Act
Sec.
366.1 Definitions.
366.2 Commission access to books and
records.
366.3 Exemption from Commission access to
books and records; waivers of accounting, record-retention, and reporting requirements.
366.4 FERC–65, notification of holding company status, FERC–65A, exemption notification, and FERC–65B, waiver notification.
366.5 Allocation of costs for non-power
goods and services.
366.6 Previously authorized activities.
366.7 Procedures for obtaining exempt
wholesale generator and foreign utility
company status.

Subpart B—Accounting and Recordkeeping Under PUHCA 2005, the Federal Power Act and the Natural Gas
Act
366.21 Accounts and records of holding companies.
366.22 Accounts and records of service companies.
366.23 FERC Form No. 60, Annual reports of
centralized
service
companies,
and
FERC–61, Narrative description of service company functions.
AUTHORITY: 15 U.S.C. 717 et seq., 16 U.S.C.
791a et seq., and 42 U.S.C. 16451–16463.
SOURCE: Order No. 667–A, 71 FR 28457, May
16, 2006, unless otherwise noted.

WReier-Aviles on DSKGBLS3C1PROD with CFR

Subpart A—Definitions and Provisions Under PUHCA 2005, the
Federal Power Act and the
Natural Gas Act
§ 366.1

Definitions.

For purposes of this part:
Affiliate. The term ‘‘affiliate’’ of a
company means any company, 5 percent or more of the outstanding voting
securities of which are owned, con-

trolled, or held with power to vote, directly or indirectly, by such company.
Associate company. The term ‘‘associate company’’ of a company means
any company in the same holding company system with such company.
Commission. The term ‘‘Commission’’
means the Federal Energy Regulatory
Commission.
Company. 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.
Construction. The term ‘‘construction’’ means any construction, extension, improvement, maintenance, or repair of the facilities or any part thereof
of a company, which is performed for a
charge.
Electric utility company. 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. For the purposes of this
subchapter, ‘‘electric utility company’’
shall not include persons that engage
only in marketing of electric energy.
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

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