[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Notices]
[Page 13712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7283]



[[Page 13712]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-26842]


Filings Under the Public Utility Holding Company Act of 1935, as 
Amended (``Act'')

March 13, 1998.
    Notice is hereby given that the following filing(s) has/have been 
made with the Commission pursuant to provisions of the Act and rules 
promulgated thereunder. All interested persons are referred to the 
application(s) and/or declaration(s) for complete statements of the 
proposed transaction(s) summarized below. The application(s) and/or 
declaration(s) and any amendments thereto is/are available for public 
inspection through the Commission's Office of Public Reference.
    Interested persons wishing to comment or request a hearing on the 
application(s) and/or declaration(s) should submit their views in 
writing by April 6, 1998, to the Secretary, Securities and Exchange 
Commission, Washington, D.C. 20549, and serve a copy on the relevant 
applicant(s) and/or declarant(s) at the address(es) specified below. 
Proof of service (by affidavit or, in case of an attorney at law, by 
certificate) should be filed with the request. Any request for hearing 
shall identify specifically the issues of fact or law that are 
disputed. A person who so requests will be notified of any hearing, if 
ordered, and will receive a copy of any notice or order issued in the 
matter. After said date, the application(s) and/or declaration(s), as 
filed or as amended, may be granted and/or permitted to become 
effective.

Central and South West Corporation, et al. (70-9091)

    Central and South West Corporation (``CSW''), a registered holding 
company, its nonutility subsidiary companies CSW Energy, Inc. 
(``Energy''), and CSW International, Inc. (``CSWI'') (collectively, 
``Applicants''), all located at 1616 Woodall Rodgers Freeway, P.O. Box 
660789, Dallas,Texas 75202, have filed a declaration under section 
13(b) of the Act, and rules 83, 87(b)(1), 90 and 91 under the Act.
    By orders dated September 28, 1990, November 22, 1991, December 31, 
1992 and November 28, 1995 (HCAR Nos. 25162, 25414, 25728 and 26417, 
respectively) and certain other orders, the Commission authorized CSW, 
directly or through Energy, to engage in development activities to 
conduct preliminary studies of, to investigate, research, develop, 
consult with respect to, and to agree to construct (the construction 
subject to further Commission authorization), qualifying facilities 
(``QF''), as defined under the Public Utility Regulatory Policies Act 
of 1978, as amended (``PURPA''), and independent power facilities, 
including exempt wholesale generators, as defined in section 32 of the 
Act (``EWG'').
    By additional orders dated November 3, 1994, September 27, 1995 and 
January 24, 1997 (HCAR Nos. 26156, 26383 and 26531, respectively), the 
Commission authorized CSW, directly or through CSWI, to engage in 
development and investment activities in EWGs and foreign utility 
companies, as defined in section 33 of the Act (``FUCO'') 
(collectively, EWGs and FUCOs ``Exempt Projects''), and is authorized 
to provide design, construction, engineering, operation, maintenance, 
management, administration, employment, tax, accounting, economic, 
financial, fuel, environmental communications, energy conservation, 
demand side management, overhead efficiency, utility performance and 
electronic data processing services and software development and 
support services in connection therewith to Exempt Projects and (except 
for operation services) to foreign electric utility enterprises that 
are not Exempt Projects.
    The Applicants and any of their subsidiaries other than CSW's 
domestic operating utility subsidiaries (collectively, the ``Operating 
Companies''), now request authorization to enter into agreements to 
provide energy-related services to associate companies at fair market 
prices. The Applicants request an exemption pursuant to section 13(b) 
from the requirements of rules 90 and 91 as applicable to transactions 
in any case in which any one or more of the following circumstances 
will exist: (1) An associate company is a FUCO, or is an EWG, that 
derives no part of its income, directly or indirectly, from the 
generation, transmission or distribution of electric energy for sale 
within the United States; (2) an associate company is an EWG that sells 
electricity at market-based rates which have been approved by the 
Federal Energy Regulatory Commission (``FERC'') or the appropriate 
state public utility commission, provided that the purchaser of energy 
produced by such associate company is not an Operating Company; (3) 
services rendered to an associate company in respect of a QF that sells 
electricity exclusively at rate negotiated at arm's length to one or 
more industrial or commercial customers purchasing the electricity for 
their use not for resale, or to an electric utility company, other than 
an Operating Company, at the purchaser's ``avoided cost'' determined in 
accordance with the regulations promulgated by FERC under PURPA or at 
such other rates negotiated at arm's length with such electric utility 
company; and (4) an associate company is an EWG or a QF that sells 
electricity at rates approved by FERC or any state public utility 
commission having jurisdiction, provided that the purchaser of such 
electricity produced by such associate company is not an Operating 
Company.
    The Applicants also request an exemption from section 13(b) of the 
Act if: (i) An associate company is a subsidiary of an Applicant, the 
sole business of which is developing, owning and/or operating Exempt 
Projects or QFs described in clauses (1), (2), (3) or (4) above; or 
(ii) an associate company is a subsidiary of an applicant, which 
subsidiary does not derive, directly or indirectly, any material part 
of its income from sources within the United States and is not a public 
utility company operating within the United States. None of the 
associate companies specified in clauses (i) or (ii) above that acquire 
services at market-based rates under the authority sought in this 
declaration will sell, or offer to sell, services to any Operating 
Company without additional Commission authority.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 98-7283 Filed 3-19-98; 8:45 am]
BILLING CODE 8010-01-M