Page:United States Statutes at Large Volume 106 Part 4.djvu/171

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2907 of the cost of a wholesale rate or charge) was in effect under the laws of any State as of the date of enactment of this section, in order for the facility to be considered an eligible facility, every State commission having jurisdiction over any such rate or charge must make a specific determination that allowing such facility to be an eligible facility (1) will benefit consumers, (2) is in the public interest, and (3) does not violate State law; Provided, That in Uie case of such a rate or charge which is a rate or charge of an affiliate of a registered holding company: "(A) such determination with respect to the facility in question shall be required fiY)m every State commission having jurisdiction over the retail rates and charges of the affiliates of such registered holding company; and "(B) the approval of the Commission under this Act shall not be required for the transfer of the facility to an exempt wholesale generator. "(d) HYBRIDS.— (1) No exempt wholesale generator may own or operate a portion of any facility if any other portion of the facility is owned or operated by an electric utility compcmy that is an afidliate or associate company of such exempt wholesale generator. "(2) EuGiBLE FACILITY. —Notwithstanding paragraph (1), an exempt wholesale generator may own or operate a portion of a facility identified in paragraph (1) if such portion has become an eligible facility as a result of the operation of subsection (c). "(e) EXEMPTION OF EWGS.An exempt wholesale generator shall not be considered an electric utility company under section 2(a)(3) of this Act and, whether or not a subsidiary company, an affiliate, or an associate company of a holding company, an exempt wholesale generator shall be exempt from all provisions of this Act. "(0 OWNERSHIP OF EWGS BY EXEMPT HOLDING COMPANIES. — Notwithstanding any provision of this Act, a holding company that is exempt under section 3 of this Act shall be permitted, without condition or limitation under this Act, to acquire and maintain an interest in the business of one or more exempt wholesale generators. "(g) OWNERSfflP OF EWGS BY REGISTERED HOLDING COMPA- NIES.— Notwithstanding any provision of this Act and the Commission's jurisdiction as provided under subsection (h) of this section, a registered holding company shall be permitted (without the need to apply for, or receive, approval fit)m the Commission, and otherwise without condition under this Act) to acquire and hold the securities, or an interest in the business, of one or more exempt wholesale generators. "(h) FINANCING AND OTHER RELATIONSHIPS BETWEEN EWGS AND REGISTERED HOLDING COMPANIES.— The issuance of securities by a registered holding company for purposes of financing the acquisition of an exempt wholesale generator, the guarantee of securities of an exempt wholesale generator by a registered holding company, the entering into service, sales or construction contracts, and the creation or maintenance of any other relationship in addition to that described in subsection (g) between an exempt wholesale generator and a registered holding company, its affiliates and associate companies, shall remain subject to the jurisdiction of the Commission under this Act: Provided, That—

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