18 Cfr 366.2

Electronic Code of Federal Regulations (eCFR)

Page 1 of 2

ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of March 24, 2021
Title 18 → Chapter I → Subchapter U → Part 366 → Subpart A → §366.2
Title 18: Conservation of Power and Water Resources
PART 366—BOOKS AND RECORDS
Subpart A—Definitions and Provisions Under PUHCA 2005, the Federal Power Act
and the Natural Gas Act
§366.2 Commission access to books and records.
(a) In general. Unless otherwise exempted by Commission rule or order, each
holding company and each associate company thereof shall maintain, and shall
make available to the Commission, such books, accounts, memoranda, and other
records as the Commission determines are relevant to costs incurred by a public
utility or natural gas company that is an associate company of such holding
company and necessary or appropriate for the protection of utility customers with
respect to jurisdictional rates. However, for purposes of this subchapter, no
provision in the subchapter shall apply to or be deemed to include:
(1) The United States;
(2) A state or political subdivision of a state;
(3) Any foreign governmental authority not operating in the United States;
(4) Any agency, authority, or instrumentality of any entity referred to in
paragraphs (a)(1), (2), or (3) of this section; or
(5) Any officer, agent, or employee of any entity referred to in paragraphs (a)(1),
(2), (3), or (4) of this section as such in the course of his or her official duty.
(b) Affiliate companies. Unless otherwise exempted by Commission rule or
order, each affiliate of a holding company or of any subsidiary company of a holding
company shall maintain, and shall make available to the Commission, such books,
accounts, memoranda, and other records with respect to any transaction with
another affiliate, as the Commission determines are relevant to costs incurred by a
public utility or natural gas company that is an associate company of such holding
company and necessary or appropriate for the protection of utility customers with
respect to jurisdictional rates.

https://www.ecfr.gov/cgi-bin/text-idx?SID=9f6eb0e1d81e1b23eaa727414eb36749&mc=tr... 3/26/2021

Electronic Code of Federal Regulations (eCFR)

Page 2 of 2

(c) Holding company systems. The Commission may examine the books,
accounts, memoranda, and other records of any company in a holding company
system, or any affiliate thereof, as the Commission determines are relevant to costs
incurred by a public utility or natural gas company within such holding company
system and necessary or appropriate for the protection of utility customers with
respect to jurisdictional rates.
(d) E-Tag Authors and Balancing Authorities. E-Tag Authors and Balancing
Authorities must take appropriate steps to ensure Commission view-only access to
complete electronic tags (e-Tags), or any successor to e-Tags, used to schedule the
transmission of electric power in wholesale markets, by designating the Commission
as an addressee on the e-Tags. E-Tag Authors must include the Commission on the
list of entities with view-only rights to the e-Tags. Balancing Authorities located
within the United States must validate the inclusion of the Commission on the e-Tag
before those e-Tags are electronically delivered to an address specified by the
Commission. The complete e-Tag data to be made available under this section shall
consist of:
(1) e-Tags for interchange transactions scheduled to flow into, out of or within
the United States' portion of the Eastern or Western Interconnections, or into the
Electric Reliability Council of Texas from the United States' portion of the Eastern or
Western Interconnection; or from the Electric Reliability Council of Texas into the
United States' portion of the Eastern or Western Interconnection; and
(2) Information on every aspect of the e-Tag, including all applicable e-Tag IDs,
transaction types, market segments, physical segments, profile sets, transmission
reservations, and energy schedules. In addition, e-Tag Authors and Balancing
Authorities must also make available, upon request to the e-Tag Authors and
Balancing Authorities, access to the complete e-Tags, or any successor to e-Tags,
used to schedule the transmission of electric power in wholesale markets, to
Regional Transmission Organizations, Independent System Operators, and their
Market Monitoring Units, on an ongoing basis, subject to appropriate confidentiality
restrictions.
(e) Confidentiality. No member, officer, or employee of the Commission shall
divulge any fact or information that may come to his or her knowledge during the
course of examination of books, accounts, memoranda, or other records as provided
in this section, except as may be directed by the Commission or by a court of
competent jurisdiction.
[Order 667-A, 71 FR 28457, May 16, 2006, as amended by Order 771, 77 FR 76379, Dec.
28, 2012]
Need assistance?

https://www.ecfr.gov/cgi-bin/text-idx?SID=9f6eb0e1d81e1b23eaa727414eb36749&mc=tr... 3/26/2021