Page:United States Statutes at Large Volume 119.djvu/990

 119 STAT. 972

PUBLIC LAW 109–58—AUG. 8, 2005

Subtitle F—Repeal of PUHCA

Public Utility Holding Company Act of 2005. 42 USC 15801 note.

SEC. 1261. SHORT TITLE.

42 USC 16451.

SEC. 1262. DEFINITIONS.

This subtitle may be cited as the ‘‘Public Utility Holding Company Act of 2005’’. For purposes of this subtitle: (1) AFFILIATE.—The term ‘‘affiliate’’ of a company means any company, 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company. (2) ASSOCIATE COMPANY.—The term ‘‘associate company’’ of a company means any company in the same holding company system with such company. (3) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission. (4) COMPANY.—The term ‘‘company’’ means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing. (5) ELECTRIC UTILITY COMPANY.—The term ‘‘electric utility company’’ means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale. (6) EXEMPT WHOLESALE GENERATOR AND FOREIGN UTILITY COMPANY.—The terms ‘‘exempt wholesale generator’’ and ‘‘foreign utility company’’ have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z–5a, 79z–5b), as those sections existed on the day before the effective date of this subtitle. (7) GAS UTILITY COMPANY.—The term ‘‘gas utility company’’ means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power. (8) HOLDING COMPANY.— (A) IN GENERAL.—The term ‘‘holding company’’ means— (i) any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a publicutility company or of a holding company of any publicutility company; and (ii) any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public-utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations,

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