42 U.S.C. § 16456 — Applicability

Page 8903 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16457 Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (b), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables. § 16454. Exemption authority (a) Rulemaking Not later than 90 days after the effective date of this part, the Commission shall issue a final rule to exempt from the requirements of section 16452 of this title (relating to Federal access to books and records) any person that is a holding company, solely with respect to one or more— (1) qualifying facilities under the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.); (2) exempt wholesale generators; or (3) foreign utility companies. (b) Other authority The Commission shall exempt a person or transaction from the requirements of section 16452 of this title (relating to Federal access to books and records) if, upon application or upon the motion of the Commission— (1) the Commission finds that the books, ac- counts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas com- pany; or (2) the Commission finds that any class of transactions is not relevant to the jurisdic- tional rates of a public utility or natural gas company. (Pub. L. 109–58, title XII, § 1266, Aug. 8, 2005, 119 Stat. 975.) Editorial Notes REFERENCES IN TEXT For the effective date of this part, referred to in sub- sec. (a), see Effective Date note set out under section 16451 of this title. The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2601 of Title 16, Conservation, and Tables. § 16455. Affiliate transactions (a) Commission authority unaffected Nothing in this part shall limit the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) to require that jurisdic- tional rates are just and reasonable, including the ability to deny or approve the pass through of costs, the prevention of cross-subsidization, and the issuance of such rules and regulations as are necessary or appropriate for the protection of utility consumers. (b) Recovery of costs Nothing in this part shall preclude the Com- mission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public-utility company, public utility, or natural gas company may re- cover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public-utility com- pany from an associate company. (Pub. L. 109–58, title XII, § 1267, Aug. 8, 2005, 119 Stat. 976.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which enacted this part, amended sections 824 and 824m of Title 16, Conservation, repealed chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, and section 825q of Title 16, and enacted provisions set out as notes under sections 15801 and 16451 of this title. For complete clas- sification of subtitle F to the Code, see Short Title note set out under section 15801 of this title and Tables. The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. § 16456. Applicability Except as otherwise specifically provided in this part, no provision of this part shall apply to, or be deemed to include— (1) the United States; (2) a State or any political subdivision of a State; (3) any foreign governmental authority not operating in the United States; (4) any agency, authority, or instrumen- tality of any entity referred to in paragraph (1), (2), or (3); or (5) any officer, agent, or employee of any en- tity referred to in paragraph (1), (2), (3), or (4) acting as such in the course of his or her offi- cial duty. (Pub. L. 109–58, title XII, § 1268, Aug. 8, 2005, 119 Stat. 976.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, which enacted this part, amended sections 824 and 824m of Title 16, Conservation, repealed chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, and section 825q of Title 16, and enacted provisions set out as notes under sections 15801 and 16451 of this title. For complete clas- sification of subtitle F to the Code, see Short Title note set out under section 15801 of this title and Tables. § 16457. Effect on other regulations Nothing in this part precludes the Commission or a State commission from exercising its juris- diction under otherwise applicable law to pro- tect utility customers. (Pub. L. 109–58, title XII, § 1269, Aug. 8, 2005, 119 Stat. 976.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle F (§§ 1261–1277) of title