Page:United States Statutes at Large Volume 106 Part 4.djvu/173

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2909 and the exempt wholesale generator; the Commission shall promulgate such regulations within 6 months after the enactment of this section; after such 6-month period the Commission shall not approve any actions under paragraph (3), (4) or (5) except in accordance with such issued regulations. "(i) APPLICATION OF ACT TO OTHER ELIGIBLE FACILITIES. — In the case of any person engaged directly and exclusively in the business of owning or operating (or botn owning and operating) all or part of one or more eligible facilities, an advisory letter issued by the Commission staff under this Act after the date of enactment of this section, or an order issued by the Commission under this Act after the date of enactment of this section, shall not be required for the purpose, or have the effect, of exempting such person from treatment as an electric utility company under section 2(a)(3) or exempting such person from any provision of this Act. "(j) OWNERSHIP OF EXEMPT WHOLESALE GENERATORS AND QUALIFYING FACILITIES.—The ownership by a person of one or more exempt wholesale generators shall not result in such person being considered as being primarily engaged in the generation or sale of electric power witnin the meaning of sections 3(17XCXii) and 3(18XBXii) of the Federal Power Act (16 U.S.C. 796(17XCXu) and 796(18XBXii)). "(k) PROTECTION AGAINST ABUSIVE AFFILIATE TRANSACTIONS.— "(1) PROHIBITION.—After the date of enactment of this section, an electric utility company may not enter into a contract to purchase electric energy at wholesale from an exempt wholesale generator if the exempt wholesale generator is an afi&liate or associate company of the electric utility company. "(2) STATE AUTHORITY TO EXEMPT FROM PROHIBITION. -Notwithstanding paragraph (1), an electric utility company may enter into a contract to purchase electric energy at wholesale from an exempt wholesale generator that is an aftiliate or associatecompany of the electric utility company— "(A) u every State commission having jurisdiction over the retail rates of such electric utility company makes each of the following specific determinations in advance of the electric utility company entering into such contract: "(i) A determination that such commission has sufficient regulatory authority, resources and access to books and records of the electric utility company and any relevant associate, affiliate or subsidiary company to exercise its duties under this subparagraph. > "(ii) A determination that the transaction— "(I) will benefit consumers, "(11) does not violate any State law (including where applicable, least cost planning), "(III) would not provide the exempt wholesale generator any unfair competitive advantage by virtue of its affiliation or association with the electric utility company, and "(IV) is in the public interest; or " (B) if such electric utility company is not subject to State commission retail rate regulation and the purchased electric energy: "(i) would not be resold to any affiliate or associate company, or

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