FERC-520, Application for Authority to Hold Interlocking Directorate Positions

This Final Rule: (1) updates its regulations to reflect statutory changes to the circumstances in which an applicant who would otherwise require Commission authorization to hold an interlocking position need not do so; (2) revises its regulations to clarify its position on late-filed applications and informational reports; (3) revises its regulations to clarify that an interlock holder is not required to file a notice of change when merely changing positions within a holding company; (4) revises its regulations to state that applicants do not need to list in their applications public utilities that do not have officers or directors; (5) revises its regulations with regard to public utilities owned by a natural person; and (6) updates its regulations to remove section 46.2(b), which contains definitions and phrases now rendered obsolete. The FERC-520 (Application for Authority to Hold Interlocking Directorate Positions) is an application requesting FERC authorization for board members of regulated electric utilities who plan to simultaneously hold positions on corporate boards of related or similar entities. This occurrence is known as an "interlocking directorate". Under the FPA, the holding of specific interlocking directorates is unlawful unless the Commission has authorized the interlocks to be held. Before assuming an interlocking position, an applicant must demonstrate that neither public nor private interests will be adversely affected by the interlocking position. The FERC-520 identifies the applicant and provides FERC with a list and information about any interlocking position the application requests authorization to hold. Additionally, the filing collects information related to the applicant's financial interests, other officer/directors of the firm that are involved, and the nature of business relationships among firms.

The latest form for FERC-520, Application for Authority to Hold Interlocking Directorate Positions expires 2022-05-31 and can be found here.