[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Notices]
[Pages 12693-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3487]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM05-32-000]


Repeal of the Public Utility Holding Company Act of 1935 and 
Enactment of the Public Utility Holding Company Act of 2005; Notice of 
New ``FC'' Docket Prefix and Filing Guidelines for Self-Certification 
Notices Under the Public Utility Holding Company Act of 2005

March 6, 2006.
    By this Notice the Commission issues guidelines on the procedures 
for obtaining exempt wholesale generator and foreign utility company 
status under the Public Utility Holding Company Act of 2005 (PUHCA 
2005) and 18 CFR 366.7. The guidelines are attached to this notice and 
will be included in the set of guidelines for filings under PUHCA 2005 
that are available on the Commission's Web site at http://www.ferc.gov/help/how-to.asp. Notices of self-certification for exempt wholesale 
generator status will receive a new EG docket prefix, even if a prior 
EG docket applied to the facility. Notices of self-certification of 
foreign utility company status will receive a docket number with a 
newly created ``FC'' prefix.
    Both the notices of self-certification of exempt wholesale 
generator status and notices of self-certification of foreign utility 
company status should be submitted using the Commission's electronic 
filing system accessible at the FERC Online link on http://www.ferc.gov.
    For exempt wholesale generator notices filed on or before September 
30, 2006, the heading of the document should refer to EG06------000. 
For foreign utility company notices filed on or before that date, the 
heading should include FC06------000.

 Magalie R. Salas,
Secretary.

Attachment

Filing Guidelines for Holding Company Filings Under the Public Utility 
Holding Company Act of 2005 and 18 CFR Part 366

    This document contains the guidelines for the following filings 
pursuant to the Public Utility Holding Company Act of 2005 and 
Commission Order No. 667, issued December 8, 2005:
    (1) FERC-65, Notification of Holding Company Status (18 CFR 
366.4(a)),
    (2) FERC-65A, Exemption Notification (18 CFR 366.4(b)),
    (3) FERC-65B, Waiver Notification (18 CFR 366.4(c)), and
    (4) SEC Financing Authorization Orders or Letters/Reports/Other 
Submissions (18 CFR 366.6(b)),
    (5) Notice of Self-Certification of Exempt Wholesale Generator 
Status (18 CFR 366.7),
    (6) Notice of Self-Certification of Foreign Utility Company Status 
(18 CFR 366.7).
    FERC-65, FERC-65A, and FERC-65-B refer to FERC reporting 
designations and do not represent actual forms.

FERC-65, Notification of Holding Company Status (18 CFR 366.4(a))

    Companies that are holding companies as of February, 8, 2006, shall 
notify the Commission of their status as a holding company no later 
than 14 days after the Commission issues an order on rehearing. Holding 
companies formed after February 8, 2006, shall notify the Commission of 
their status no later than the later of 14 days after the Commission 
issues an order on rehearing or 30 days after their formation.
    These notification filings should be submitted using the 
Commission's eFiling system available at http://www.ferc.gov/docs-filing/ferconline.asp. Do not include waiver or exemption notifications 
with these filings. The document you submit should include HC06-1-000 
in the caption or heading of the document for any notification filed on 
or before September 30, 2006. During the eFiling submission process:
    1. Select the filing type ``Production of Document.''
    2. On the Select Docket screen, enter HC06-1 in the docket number 
search block and select HC06-1-000 from the results.
    3. Before you browse, select, and attach the file, make sure that 
the file name is less than 25 characters and contains no spaces or 
special characters.
    4. On the Submission Description screen, edit the description by 
replacing ``Production of Document'' with ``Notification of Holding 
Company Status.''
    If you are unable to file electronically, you must submit an 
original and 14 paper copies of the filing to: Magalie R. Salas, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.
    It is not necessary to include a form of notice for the Federal 
Register.
    Please be advised that the United States Postal Service scans all 
documents addressed to the Commission with a heat-treatment process 
that may corrupt diskettes and render filings unusable. You are 
recommended to use express mail or courier delivery services.

FERC-65A (Exemption Notification) (18 CFR 366.4(b))

FERC-65B (Waiver Notification) (18 CFR 366.4(c))

    These filings must be submitted on paper at this time. The document 
you submit should include PH06------000 in the caption or heading of 
the document, for filings made on or before September 30, 2006.
    Submit an original and 14 copies of all ``PH'' filings, with a form 
of notice of the ``PH'' filing suitable for publication in the Federal 
Register on a 3\1/2\ diskette, to: Magalie R. Salas, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.
    Forms of notice for ``PH'' exemption and waiver requests are 
available on the Commission's Web site at http://www.ferc.gov/docs-filing/not-form.asp.
    Please be advised that the United States Postal Service scans all

[[Page 12694]]

documents addressed to the Commission with a heat-treatment process 
that may corrupt diskettes and render filings unusable. You are 
recommended to use express mail or courier delivery services.

SEC-Related Financing Authorization Orders or Letters/Reports/Other 
Submissions (18 CFR 366.6(b))

    Holding companies that intend to rely on financing authorization 
orders or letters issued by the Securities and Exchange Commission 
(SEC), or that submitted reports or other submissions previously with 
the SEC and that now must file with the Commission, must file these 
orders, letters, reports or other submissions with the Commission by 
March 10, 2006.
    These filings should be submitted using the Commission's eFiling 
system, available at http://www.ferc.gov/docs-filing/ferconline.asp 
provided that the entire content of the filing is in the public domain. 
Do not include filings under any other section with the authorization 
orders. The document you submit should include HC06-2-000 (Note--do not 
use HC06-1-000 for such submittals) in the caption or heading of the 
document, for filings made on or before September 30, 2006. During the 
eFiling submission process:
    1. Select the filing type ``Production of Document.''
    2. On the Select Docket screen, enter HC06-2 in the docket number 
search block and select HC06-2-000 from the results.
    3. Before you browse, select, and attach the file, make sure that 
the file name is less than 25 characters and contains no spaces or 
special characters.
    4. On the Submission Description screen, edit the description by 
replacing ``Production of Document'' with ``SEC Financing Authorization 
Order/Letter.''
    If you are unable to file electronically, you must submit an 
original and 14 paper copies of the filing to: Magalie R. Salas, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.
    It is not necessary to include a form of notice for the Federal 
Register.
    Please be advised that the United States Postal Service scans all 
documents addressed to the Commission with a heat-treatment process 
that may corrupt diskettes and render filings unusable. You are 
recommended to use express mail or courier delivery services.

Self-Certification Notices for Exempt Wholesale Generators and Foreign 
Utility Companies (18 CFR 366.7)

    An exempt wholesale generator or a foreign utility company, or 
their representative, may file with the Commission a notice of self-
certification demonstrating that it satisfies the definition of exempt 
wholesale generator or foreign utility company. No filing fee is 
required for a notice of self-certification.
    In the case of exempt wholesale generators, the person filing a 
notice of self-certification under this section must also represent in 
its filing that it has provided a copy of the notice to the state 
regulatory authority of the state in which the facility is located, and 
must further represent in its filing, to the extent necessary, that the 
state commission has made the ``specific determination'' provided in 
section 32(c) of the Public Utility Holding Company Act of 1935 (15 
U.S.C. 79z-5a(c)).
    In the case of foreign utility companies, the person filing a 
notice of self-certification under this section must represent in its 
filing that the relevant state commissions have certified that they had 
the authority and resources to protect ratepayers of public utility 
companies associated or affiliated with the foreign utility company.
    Because notices of these filings will be published in the Federal 
Register, both exempt wholesale generators and foreign utility 
companies must include in their submission a separate file containing a 
form of notice suitable for publication in the Federal Register.
    These filings should be submitted using the Commission's eFiling 
system, available at http://www.ferc.gov/docs-filing/ferconline.asp 
provided that the entire content of the filing is in the public domain. 
Do not include filings under any other section with these filings. The 
document you submit should include EG06------000 or FC06------000, as 
applicable, in the caption or heading of the document, for filings made 
on or before September 30, 2006. During the eFiling submission process:
    1. Select the filing type ``Qualifying Facility Notice of Self 
Certification.'' (At a later date, this filing type will be changed to 
Notice of Self-Certification for QF's, EG's, and FC's.'').
    2. Before you browse, select, and attach the file, make sure that 
the file names are less than 25 characters and contain no spaces or 
special characters.
    3. On the Submission Description screen, edit the description by 
replacing ``Qualifying Facility Notice of Self Certification'' with 
either (a) ``Exempt Wholesale Generator Notice of Self Certification'' 
or (b) ``Foreign Utility Company Notice of Self Certification'', as 
applicable.
    If you are unable to file electronically, you must submit an 
original and 14 paper copies of the filing to: Magalie R. Salas, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.
    You must include a form of notice of the ``EG'' or ``FC'' filing 
suitable for publication in the Federal Register on a 3\1/2\ 
diskette.
    Please be advised that the United States Postal Service scans all 
documents addressed to the Commission with a heat-treatment process 
that may corrupt diskettes and render filings unusable. You are 
recommended to use express mail or courier delivery services.

[FR Doc. E6-3487 Filed 3-10-06; 8:45 am]
BILLING CODE 6717-01-P