Page:United States Statutes at Large Volume 106 Part 4.djvu/175

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2911 tors, as such State regulatory authority may determine to be in the public interest as a result of performing evaluations under the standards of subparagraph (A). "(D) Notwithstanding section 124 and paragraphs (1) and (2) of section 112(a), each State regulatory authority shall consider and make a determination concerning the standards of subparagraph (A) in accordance with the requirements of subsections (a) and (b) of this section, without regard to any proceedings commenced prior to the enactment of this paragraph. ''(E) Notwithstanding subsections (b) and (c) of section 112, each State regulatory authority shall consider and make a determination concerning whether it is appropriate to implement the standards set out in subparagraph (A) not later than one year after the date of enactment of this paragraph.". SEC. 713. PUBLIC UTILITY HOLDING COMPANIES TO OWN INTERESTS IN COGENERATION FACILITIES. Public Law 99-186 (99 Stat. 1180, as amended by Public Law 99-553,100 Stat. 3087), is amended to read as follows: 15 USC 79k note. " SECTION 1. Notwithstanding section ll(b)(l) of the Public Utility Holding Company Act of 1935, a company registered under said Act, or a subsidiary company of such registered company, may acquire or retain, in any geographic area, an interest in any qualifying cogeneration facilities and qualifying small power production facilities as defined pursuant to the Public Utility Regulatory Policies Act of 1978, and shall qualify for any exemption relating to the Public Utility Holding Company Act of 1935 prescribed pursuant to section 210 of the Public Utility Regulatory Policies Act of 1978. "SEC 2. Nothing herein shall be construed to affect the applicability of section 3(17XC) or section 3(18XB) of the Federal Power Act or any provision of the Public Utility Holding Company Act of 1935, other than section ll(b)(l), to the acquisition or retention of any such interest by any such company.". SEC. 714. BOOKS AND RECORDS. Section 201 of the Federal Power Act is amended by adding 16 USC 824. the following new subsection at the end thereof: "(g) BOOKS AND RECORDS.—(1) Upon written order of a State commission, a State commission may examine the books, accounts, memoranda, contracts, and records of— "(A) an electric utility company subject to its regulatory authority under State law, "(B) any exempt wholesale generator selling energy at wholesale to such electric utility, and "(C) any electric utility company, or holding company thereof, which is an associate company or affiliate otan exempt wholesale generator which sells electric energy to an electric utility company referred to in subparagraph (A), wherever located, if such examination is required for the effective discharge of the State commission's regulatory responsibilities affecting the provision of electric service. "(2) Where a State commission issues an order pursuant to paragraph (1), the State commission shall not publicly disclose trade secrets or sensitive commercial information.

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