Page:United States Statutes at Large Volume 106 Part 4.djvu/178

This page needs to be proofread.

106 STAT. 2914 PUBLIC LAW 102-486—OCT. 24, 1992 "(B) reasonably incidental, or economically necessary or appropriate, to the operations of an integrated public utility system, within the meaning of section 11.

    • (d) EFFECT ON EXISTING LAW; NO STATE PREEMPTION. —Nothing in this section shall—

"(1) preclude any person from qualifying for or maintaining any exemption otherwise provided for under this Act or the rules, regulations, or orders promulgated or issued under this Act; or "(2) be deemed or construed to limit the authority of any State (including any State regulatory authority) with respect to— "(A) any public utility company or holding company subject to such State's jurisdiction; or "(B) any transaction between any foreign utility company (or any afGliate or associate company thereof) and any public utility company or holding company subject to such State's jurisdiction. "(e) REPORTING REQUIREMENTS. — "(1) FILING OF REPORTS.—A public utility company that is an associate company of a foreign utility company shall file with the Commission such reports (with respect to such foreign utility company) as the Commission may by rules, regulations, or order prescribe as necessary or appropriate in the public interest or for the protection of investors or consumers. "(2) NOTICE OF ACQUISITIONS. —Not later than 30 days after the consummation of the acquisition of an interest in a foreign utility company by an associate company of a public utility company that is subject to the jurisdiction of a State commission with respect to its retail electric or gas rates or by such public utility company, such associate company or such public utility company, shall provide notice of such acquisition to every State commission having jurisdiction over the retell electric or gas rates of such public utility company, in such form as may be prescribed by the State commission. "(f) PROHIBITION ON ASSUMPTION OF LIABILITIES. — 1 "(1) IN GENERAL.—No public utility company that is subject to the jurisdiction of a State commission with respect to ite retell electric or gas rates shall issue any security for the 1 ' purpose of financing the acquisition, or for the purposes of

financing the ownership or operation, of a foreign utility company, nor shall any such public utility company assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of any security of a foreign utility company. "(2) EXCEPTION FOR HOLDING COMPANIES WHICH ARE PREDOMINANTLY PUBLIC UTILITY COMPANIES. — Subsection (fKD shall not apply if: "(A) the public utility company that is subject to the jurisdiction of a State commission with respect to ite retail electric or gas rates is a holding compemy and is not an affiliate under section 2(a)(llXB) of another holding company or is not subject to regulation as a holding company and has no affiliate as defined in section 2(a)(llXA) that is a public utility company subject to the jurisdiction of a State commission with respect to ite retell electric or gas rates; and