18 Cfr 46

Federal Energy Regulatory Commission
(2) The Commission will consider failures
to timely file the informational report on a
case-by-case basis.

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PART 46—PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR
PERSONS
HOLDING INTERLOCKING POSITIONS
Sec.
46.1 Purpose.
46.2 Definitions.
46.3 Purchaser list.
46.4 General rule.
46.5 Covered entities.
46.6 Contents of the statement and procedures for filing.
AUTHORITY: 16 U.S.C. 792–828c; 16 U.S.C.
2601–2645; 42 U.S.C. 7101–7352; E.O. 12009, 3
CFR 142.
SOURCE: 45 FR 23418, Apr. 7, 1980, unless
otherwise noted.

§ 46.1 Purpose.
The purpose of this part is to implement section 305(c) of the Federal
Power Act, as amended by section 211
of the Public Utility Regulatory Policies Act of 1978.

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[Order 67, 45 FR 3569, Jan. 18, 1980]

§ 46.2 Definitions.
For the purpose of this part:
(a) Public utility has the same meaning as in section 201(e) of the Federal
Power Act and further includes any
company which is part of a holding
company system which includes a registered holding company unless no
company in such system is an electric
utility within the meaning of section 3
of the Federal Power Act. Such term
does not include any rural electric cooperative which is regulated by the
Rural Electrification Administration
of the Department of Agriculture or
any other entities covered in section
201(f) of the Federal Power Act.
(b) The following terms have the
same meaning as in the Public Utility
Holding Company Act of 1935:
(1) Holding company system; and
(2) Registered holding company.
(c) Purchaser means any individual or
corporation within the meaning of section 3 of the Federal Power Act who

§ 46.2
purchases electric energy from a public
utility. Such term does not include the
United States or any agency or instrumentality of the United States or any
rural electric cooperative which is regulated by the Rural Electrification Administration of the Department of Agriculture.
(d) Control and controlled mean the
possession, directly or indirectly, of
the power to direct the management or
policies of an entity whether such
power is exercised through one or more
intermediary companies or pursuant to
an agreement, written or oral, and
whether such power is established
through ownership or voting of securities, or common directors, officers, or
stockholders, or voting trusts, holding
trusts, or debt holdings, or contract, or
any other direct or indirect means. A
rebuttable presumption that control
exists arises from the ownership or the
power to vote, directly or indirectly,
ten percent (10%) or more of the voting
securities of such entity.
(e) Entity means any firm, company,
or organization including any corporation, joint-stock company, partnership,
association, business trust, organized
group of persons, whether incorporated
or not, or a receiver or receivers, trustee or trustees of any of the foregoing.
Such term does not include municipality as defined in section 3 of the Federal Power Act and does not include
any Federal, State, or local government agencies or any rural electric cooperative which is regulated by the
Rural Electrification Administration
of the Department of Agriculture.
(f) Electrical equipment means any apparatus, device, integral component, or
integral part used in an activity which
is electrically, electronically, mechanically, or by legal prescription necessary to the process of generation,
transmission, or distribution of electric energy. 1
1 Guidance in applying the definition of
electrical equipment may be obtained by examining the items within the following accounts described in part 101, title 18 of the
Code of Federal Regulations: Boiler/Reactor
plant equipment (Accounts 312 and 322); Engines and engine driven generators (313);
Turbogenerator units (314 and 323); Accessory electrical equipment (315, 324, 334 and

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