42 U.S.C. § 16461 — Transfer of resources

Page 8904 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16458 1 See References in Text note below. 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109–58, Aug. 8, 2005, 119 Stat. 972, which enacted this part, amended sections 824 and 824m of Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)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. § 16458. Enforcement The Commission shall have the same powers as set forth in sections 825e through 825p of title 16 to enforce the provisions of this part. (Pub. L. 109–58, title XII, § 1270, 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109–58, Aug. 8, 2005, 119 Stat. 972, which enacted this part, amended sections 824 and 824m of Title 16, Conservation, repealed chapter 2C (§ 79 et seq.)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. § 16459. Savings provisions (a) In general Nothing in this part, or otherwise in the Pub- lic Utility Holding Company Act of 1935, or rules, regulations, or orders thereunder, pro- hibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on August 8, 2005, if that person continues to com- ply with the terms (other than an expiration date or termination date) of any such authoriza- tion, whether by rule or by order. (b) Effect on other Commission authority Nothing in this part limits the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.). (c) Tax treatment Tax treatment under section 1081 1 of title 26 as a result of transactions ordered in compliance with the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) shall not be affected in any manner due to the repeal of that Act and the enactment of the Public Utility Holding Company Act of 2005 [42 U.S.C. 16451 et seq.]. (Pub. L. 109–58, title XII, § 1271, 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, known as the Public Utility Holding Company Act of 2005, 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 com- plete classification of subtitle F to the Code, see Short Title note set out under section 15801 of this title and Tables. The Public Utility Holding Company Act of 1935, re- ferred to in subsecs. (a) and (c), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 803, which was classified generally to chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables. The Federal Power Act, referred to in subsec. (b), 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. The Natural Gas Act, referred to in subsec. (b), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. Section 1081 of title 26, referred to in subsec. (c), was repealed by Pub. L. 109–135, title IV, § 402(a)(1), Dec. 21, 2005, 119 Stat. 2610. The Public Utility Holding Company Act of 2005, re- ferred to in subsec. (c), is subtitle F (§§ 1261–1277) of title XII of Pub. L. 109–58. See note for this part above. § 16460. Implementation Not later than 4 months after August 8, 2005, the Commission shall— (1) issue such regulations as may be nec- essary or appropriate to implement this part (other than section 16453 of this title, relating to State access to books and records); and (2) submit to Congress detailed recommenda- tions on technical and conforming amend- ments to Federal law necessary to carry out this part and the amendments made by this part. (Pub. L. 109–58, title XII, § 1272, Aug. 8, 2005, 119 Stat. 977.) 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. § 16461. Transfer of resources All books and records that relate primarily to the functions transferred to the Commission under this part shall be transferred from the Se- curities and Exchange Commission to the Com- mission. (Pub. L. 109–58, title XII, § 1273, Aug. 8, 2005, 119 Stat. 977.) 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 Page 8905 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16481 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. § 16462. Service allocation (a) Definition of public utility In this section, the term ‘‘public utility’’ has the meaning given the term in section 824(e) of title 16. (b) FERC review In the case of non-power goods or administra- tive or management services provided by an as- sociate company organized specifically for the purpose of providing such goods or services to any public utility in the same holding company system, at the election of the system or a State commission having jurisdiction over the public utility, the Commission, after the effective date of this part, shall review and authorize the allo- cation of the costs for such goods or services to the extent relevant to that associate company. (c) Effect on Federal and State law Nothing in this section shall affect the author- ity of the Commission or a State commission under other applicable law. (d) Rules Not later than 4 months after August 8, 2005, the Commission shall issue rules (which rules shall be effective no earlier than the effective date of this part) to exempt from the require- ments of this section any company in a holding company system whose public utility operations are confined substantially to a single State and any other class of transactions that the Com- mission finds is not relevant to the jurisdic- tional rates of a public utility. (Pub. L. 109–58, title XII, § 1275, Aug. 8, 2005, 119 Stat. 977.) Editorial Notes REFERENCES IN TEXT For the effective date of this part, referred to in sub- secs. (b) and (d), see Effective Date note set out under section 16451 of this title. § 16463. Authorization of appropriations There are authorized to be appropriated such funds as may be necessary to carry out this part. (Pub. L. 109–58, title XII, § 1276, Aug. 8, 2005, 119 Stat. 978.) 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. PART E—MARKET TRANSPARENCY, ENFORCEMENT, AND CONSUMER PROTECTION § 16471. Consumer privacy and unfair trade prac- tices (a) Privacy The Federal Trade Commission may issue rules protecting the privacy of electric con- sumers from the disclosure of consumer infor- mation obtained in connection with the sale or delivery of electric energy to electric con- sumers. (b) Slamming The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed con- sent of the electric consumer or if approved by the appropriate State regulatory authority. (c) Cramming The Federal Trade Commission may issue rules prohibiting the sale of goods and services to an electric consumer unless expressly author- ized by law or the electric consumer. (d) Rulemaking The Federal Trade Commission shall proceed in accordance with section 553 of title 5 when prescribing a rule under this section. (e) State authority If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section. (f) Definitions For purposes of this section: (1) State regulatory authority The term ‘‘State regulatory authority’’ has the meaning given that term in section 796(21) of title 16. (2) Electric consumer and electric utility The terms ‘‘electric consumer’’ and ‘‘electric utility’’ have the meanings given those terms in section 2602 of title 16. (Pub. L. 109–58, title XII, § 1287, Aug. 8, 2005, 119 Stat. 981.) PART F—DEFINITIONS § 16481. Commission defined In this subchapter, the term ‘‘Commission’’ means the Federal Energy Regulatory Commis- sion. (Pub. L. 109–58, title XII, § 1291(a), Aug. 8, 2005, 119 Stat. 984.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 941, which enacted this sub- chapter and sections 824j–1 and 824o to 824w of Title 16, Conservation, amended sections 796, 824, 824a–3, 824b, 824e, 824j, 824m, 825e, 825f, 825l to 825o, 825o–1, 2621, 2622,