120 FERC ¶ 61,062 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Part 33 

(Docket No. RM07-21-000) 

Blanket Authorization Under FPA Section 203

(July 20, 2007) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy Regulatory Commission (Commission) is proposing 

to amend its regulations pursuant to section 203 of the Federal Power Act (FPA) to 

provide for a limited blanket authorization under FPA section 203(a)(1). The 

Commission seeks public comment on the rules and amended regulations proposed 

herein. The Commission also seeks comment on whether it should grant an additional 

blanket authorization for certain acquisitions or dispositions of jurisdictional contracts. 

COMMENT DATE: Comments are due [insert date that is 30 days after publication in 

the FEDERAL REGISTER]. 

ADDRESSES: You may submit comments identified in Docket No. RM07-21-000, by 

one of the following methods: 

• Agency Web Site: http://www.ferc.gov. Follow the instructions for submitting 

comments via the eFiling link found in the Comment Procedures section of the 

preamble. 
Docket No. RM07-21-000 -2- 

• Mail: Commenters unable to file comments electronically must mail or hand 

deliver an original and 14 copies of their comments to the Federal Energy 

Regulatory Commission, Secretary of the Commission, 888 First Street, N.E., 

Washington, D.C. 20426. Please refer to the Comment Procedures section of the 

preamble for additional information on how to file paper comments. 

FOR FURTHER INFORMATION CONTACT: 

Carla Urquhart (Legal Information) 

Office of the General Counsel 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-8496

Roshini Thayaparan (Legal Information) 

Office of the General Counsel 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-6857

Andrew P. Mosier, Jr. (Technical Information) 

Office of Energy Markets and Reliability 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-6274

SUPPLEMENTARY INFORMATION: 
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Blanket Authorization Docket No. RM07-21-000 

Under FPA Section 203 

NOTICE OF PROPOSED RULEMAKING 

(July 19, 2007) 

I. Introduction

1. Pursuant to section 203 of the Federal Power Act (FPA),1

 the Commission is 

proposing to amend its regulations to revise Part 33 of Title 18 of the Code of Federal 

Regulations (CFR) to provide for an additional blanket authorization under FPA section 

203(a)(1). The Commission seeks public comment on the proposed rule. 

II. Background

2. EPAct 2005 expanded the scope of the corporate transactions subject to the 

Commission’s review under section 203 of the FPA. Among other things, amended 

section 203: (1) expands the Commission’s review authority to include authority over 

certain holding company mergers and acquisitions, as well as certain public utility 

acquisitions of generating facilities; (2) requires that, prior to approving a disposition 

under section 203, the Commission must determine that the transaction would not result 

in inappropriate cross-subsidization of non-utility affiliates or the pledge or encumbrance 

 1

 16 U.S.C. 824b, amended by Energy Policy Act of 2005, Pub. L. No 109-58, 

1289, 119 Stat. 594, 982-83 (2005) (EPAct 2005). 
Docket No. RM07-21-000 - 2 -

of utility assets;2

 and (3) imposes statutory deadlines for acting on mergers and other 

jurisdictional transactions. 

3. Through the Order No. 669 rulemaking proceeding, the Commission promulgated 

regulations adopting certain modifications to 18 CFR § 2.26 and Part 33 to implement 

amended section 203.3

 The Commission also provided blanket authorizations for certain 

transactions subject to section 203. These blanket authorizations were crafted to ensure 

that there is no harm to captive utility customers, but sought to accommodate investments 

in the electric utility industry and market liquidity. Some commenters in the rulemaking 

proceeding argued that the Commission should have granted additional blanket 

authorizations that would benefit the marketplace and not harm customers. Other 

commenters argued that the Commission should adopt additional generic rules to guard 

against inappropriate cross-subsidization associated with the mergers. Yet other 

commenters argued that the Commission should modify its competitive analysis for 

mergers, which has been in place for 10 years. The Commission stated that it would 

reevaluate these and other issues at a future technical conference on the Commission’s 

 2

 Section 203(a)(4) is not an absolute prohibition on the cross-subsidization of a 

non-utility associate company or the pledge or encumbrance of utility assets for the 

benefit of an associate company. If the Commission determines that the crosssubsidization, pledge or encumbrance will be consistent with the public interest, such 

action may be permitted. 

3

 Transactions Subject to FPA Section 203, Order No. 669, 71 FR 1348 (Jan. 6, 

2006), FERC Stats. & Regs. ¶ 31,200 (2005), order on reh’g, Order No. 669-A, 71 FR 

28422 (May 16, 2006), FERC Stats. & Regs. ¶ 31,214, order on reh’g, Order No. 669-B, 

71 FR 42579 (July 27, 2006), FERC Stats. & Regs. ¶ 31,225 (2006). 
Docket No. RM07-21-000 - 3 -

section 203 regulations as well as certain issues raised in the Order No. 667 rulemaking 

proceeding implementing the Public Utility Holding Company Act of 2005.4

4. On December 7, 2006, the Commission held a technical conference (December 7 

Technical Conference) to discuss several of the issues that arose in the Order No. 667 and 

Order No. 669 rulemaking proceedings. The December 7 Technical Conference 

discussed a range of topics. The first panel discussed whether there are additional 

actions, under the FPA or the NGA, that the Commission should take to supplement the 

protections against cross-subsidization that were implemented in the Order No. 667 and 

Order No. 669 rulemaking proceedings. The second panel discussed whether, and if so 

how, the Commission should modify its Cash Management Rule5

 in light of PUHCA 

2005 and whether the Commission should codify specific safeguards that must be 

 4

 EPAct 2005, Pub. L. No. 109-58, 1261, et seq., 119 Stat. 594, 972-78 (2005) 

(PUHCA 2005). See also Repeal of the Public Utility Holding Company Act of 1935 and 

Enactment of the Public Utility Holding Company Act of 2005, Order No. 667, 70 FR 

75592 (Dec. 20, 2005), FERC Stats. & Regs. ¶ 31,197 (2005), order on reh’g, Order 

No. 667-A, 71 FR 28446 (May 16, 2006), FERC Stats. & Regs. ¶ 31,213, order on reh’g, 

Order No. 667-B, 71 FR 42750 (July 28, 2006), FERC Stats. & Regs. ¶ 31,224 (2006), 

order on reh’g, Order No. 667-C, 72 FR 8277 (Feb. 26, 2007), 118 FERC ¶ 61,133 

(2007). 

These issues included matters related to inappropriate cross-subsidization and 

pledges or encumbrance of utility assets, whether our current merger policy should be 

revised, and whether additional exemptions, different reporting requirements, or other 

regulatory action (under PUHCA 2005 or the FPA or Natural Gas Act (NGA)) needed to 

be considered. 

5

 Regulation of Cash Management Practices, Order No. 634, 68 FR 40500 (July 8, 

2003), FERC Stats. & Regs. ¶ 31,145, revised, Order No. 634-A, 68 FR 61993 (Oct. 31, 

2003), FERC Stats. & Regs. ¶ 31,152 (2003) (Cash Management Rule). 
Docket No. RM07-21-000 - 4 -

adopted for cash management programs and money pool agreements and transactions. 

The third panel discussed whether modifications to the specific exemptions, waivers and 

blanket authorizations set forth in the Order No. 667 and Order No. 669 rulemaking 

proceedings are warranted. Post-technical conference comments were accepted. 

5. On March 8, 2007, the Commission held a second technical conference (March 8 

Technical Conference) to discuss whether the Commission’s section 203 policy should be 

revised and, in particular, whether the Commission’s Appendix A merger analysis is 

sufficient to identify market power concerns in today’s electric industry market 

environment. The first panel discussed whether the Appendix A analysis is appropriate 

to analyze a merger’s effect on competition, given the changes that have occurred in the 

industry (e.g., the development of Regional Transmission Organizations (RTOs)) and 

statutory changes (e.g., as a result of the repeal of the Public Utility Holding Company 

Act of 19356

 and new authorities given to the Commission in EPAct 20057). The second 

panel assessed the factors the Commission uses in reviewing mergers and the 

coordination between the Commission and other agencies (including state commissions) 

with merger review responsibility. 

6. This Notice of Proposed Rulemaking is one of three actions being taken based on 

the Commission’s experience implementing amended FPA section 203 and PUHCA 

 6

 16 U.S.C. 79a et seq. (PUHCA 1935). 

7

 These include new authorities through amended FPA section 203 as well as 

PUHCA 2005. 
Docket No. RM07-21-000 - 5 -

2005, as well as the record from the Commission’s December 7 and March 8 Technical 

Conferences regarding section 203 and PUHCA 2005. In this docket, the Commission is 

proposing to grant an additional blanket authorization for certain dispositions of 

jurisdictional facilities under FPA section 203(a)(1). In addition, in separate orders, the 

Commission is concurrently issuing a section 203 Supplemental Policy Statement8

 and a 

Notice of Proposed Rulemaking proposing to codify restrictions on affiliate transactions 

between franchised public utilities with captive customers and their market-regulated 

power sales affiliates or non-utility affiliates.9

 The proposed changes to the regulations in 

this proceeding are discussed below. 

III. Discussion

7. The Commission proposes to amend 18 CFR Part 33 (Applications Under Federal 

Power Act Section 203) to provide for an additional blanket authorization under FPA 

section 203(a)(1). 

8. In the Order No. 669 rulemaking proceeding, the Commission set forth several 

blanket authorizations under which participants to FPA section 203-jurisdictional 

transactions need not seek ex ante Commission approval. These authorizations included 

a blanket authorization under section 203(a)(2) under which certain holding companies 

may acquire the voting securities of a public utility if the acquisition would give the 

 8

 FPA Section 203 Supplemental Policy Statement, 119 FERC ¶ 61,060 (2007) 

(issued in Docket No. PL07-1-000). 

9

 Cross-Subsidization Restrictions on Affiliate Transactions, 119 FERC ¶ 61,061 

(2007) (issued in Docket No. RM07-15-000). 
Docket No. RM07-21-000 - 6 -

holding company less than 10 percent ownership of the outstanding voting securities of 

such public utility.10 The Commission found in Order No. 669 that several classes of 

transactions covered by amended section 203(a)(2) would not harm competition or 

captive customers, including acquisitions of voting securities that would give the 

acquiring entity not more than 9.99 percent ownership of the outstanding voting 

securities of the acquired utility or company.11 While parties sought an additional blanket 

authorization under section 203(a)(1) to parallel that provided under section 203(a)(2), 

the Commission could not make a determination with respect to section 203(a)(1) at that 

time. Specifically, with regard to the request for parallel blanket authorization under 

section 203(a)(1) for equity ownership interests in public utilities that result in a change 

in control over the underlying public utility, we found in Order No. 669-A that such a 

blanket authorization would not address the “[c]oncerns with control, markets and 

 10 The section 203(a)(2) blanket authorization states: 

Any holding company in a holding company system that includes a 

transmitting utility or an electric utility is granted a blanket authorization 

under section 203(a)(2) of the Federal Power Act to purchase, acquire, or 

take: . . . (ii) Any voting security in a transmitting utility, an electric utility 

company, or a holding company in a holding company system that includes 

a transmitting utility or an electric utility company if, after the acquisition, 

the holding company will own less than 10 percent of the outstanding 

voting securities. 

18 CFR 33.1(c)(2)(ii). Because a “transmitting utility” or “electric utility company” may 

also be a “public utility” as defined in the FPA, the public utility may need to obtain 

separate authorization for the same transaction under FPA section 203(a)(1), which 

requires authorization for public utilities to dispose of jurisdictional facilities. 

11 Order No. 669, FERC Stats. & Regs. ¶ 31,200 at P 141. 
Docket No. RM07-21-000 - 7 -

protections of captive customers or customers receiving transmission service over 

jurisdictional transmission facilities”12 implicated by section 203(a)(1). However, in 

Order No. 669-B, in response to comments that the lack of a parallel section 203(a)(1) 

authorization could thwart utility investment, the Commission stated that this issue would 

be included in the forthcoming technical conferences.13

9. Based on the record from the technical conferences (including both oral and 

written comments) and the Commission’s experience under amended section 203 to date, 

the Commission proposes to provide for a limited blanket authorization to public utilities 

under section 203(a)(1). This blanket authorization would work in conjunction with the 

blanket authorization granted to holding companies under section 203(a)(2) in 18 CFR 

§ 33.1(c)(2)(ii).14 Under this limited blanket authorization, a public utility would be preauthorized to dispose of less than 10 percent of its voting securities to a public utility 

holding company but only if, after the disposition, the holding company and any 

associate company in aggregate will own less than 10 percent of that public utility. We 

note that this proposed blanket authorization would not entirely “parallel” the section 

203(a)(2) authorization since the section 203(a)(2) authorization does not contain the “in 

aggregate” limitation. However, we believe this limitation would provide better 

 12 Order No. 669-A, FERC Stats. & Regs. ¶ 31,214 at P 103. 

13 Order No. 669-B, FERC Stats. & Regs. ¶ 31,225 at P 26. 

14 See supra note 10. 
Docket No. RM07-21-000 - 8 -

protection against possible transfer of “control” of a public utility. We seek comment on 

this limitation. 

10. The Commission believes that the disposition of such limited voting interests (less 

than 10 percent), with the proposed “in aggregate” restriction and the existing reporting 

requirements applicable to holding companies,15 will not harm competition or captive 

customers. Moreover, this 10 percent threshold is consistent with the definition of 

“holding company” under section 1262(8)(A) of PUHCA 2005. Under that definition, 

any company that has the power to vote 10 percent or more of the securities of a public 

utility company (or a holding company of a public utility company) triggers holding 

company status and thus is presumed to raise sufficient concerns about controlling 

influence over a subsidiary public utility that regulatory oversight is needed. The 10 

percent threshold is also consistent with the blanket authorization granted under section 

203(a)(2) in the Order No. 669 rulemaking proceeding, under which holding companies 

are pre-authorized to acquire up to 9.99 percent of voting securities of a public utility. 

11. As noted, as part of the existing “parallel” blanket authorization under section 

203(a)(2), the Commission already requires the holding company to provide to the 

 15 See, e.g., 18 CFR 33.1(c)(4) (requiring the filing of Securities and Exchange 

Commission (SEC) Schedule 13D, Schedule 13G, and Form 13F, if applicable); 18 CFR 

35.42(a) (effective 60 days after publication in the Federal Register of Market-Based 

Rates For Wholesale Sales Of Electric Energy, Capacity And Ancillary Services By 

Public Utilities, Order No. 697, 72 FR 39903 (July 20, 2007), FERC Stats. & Regs. 

¶ 31,252 (2007)) (requiring a notification of any change in status that would reflect a 

departure from the characteristics the Commission relied upon in granting market-based 

rate authority); 18 CFR 366.4(a) (requiring Form FERC-65 (notification of holding 

company status)). 
Docket No. RM07-21-000 - 9 -

Commission copies of any Schedule 13D, Schedule 13G and Form 13F at the same time 

and on the same basis, as filed with the SEC in connection with any securities purchased, 

acquired or taken pursuant to the blanket authorization under section 203(a)(2) provided 

in § 33.1(c)(2) of the Commission’s regulations.16 Importantly, a Schedule 13 filer must 

acquire the subject securities “in the ordinary course of his business and not with the 

purpose nor with the effect of changing or influencing the control of the issuer, nor in 

connection with or as a participant in any transaction having such purpose or effect” over 

entities whose securities it holds.17 It is also required to file a notification with the SEC 

of any acquisition of beneficial ownership of more than five percent of a class of equity 

securities.18 Because we already receive these filings from the holding company, we 

propose not to require additional reporting on the part of individual public utilities to 

duplicate the reporting of information we are already getting about the same transaction. 

However, we seek comments on whether any additional reporting by the public utility 

should be required. 

12. Further, we seek comment on whether the blanket authorization under section 

203(a)(1), proposed herein, should be extended to the transfer of securities by a public 

 16 18 CFR 33.1(c)(4). 

17 17 CFR 240.13d-1(b)(1)(i). 

18 17 CFR 240.13d-1(a). 
Docket No. RM07-21-000 - 10 -

utility to a holding company granted a blanket authorization under section 203(a)(2) in 

§§ 33.1(c)(8),19 33.1(c)(9),20 and 33.1(c)(10)21 of the Commission’s regulations. 

13. In addition, certain participants to the technical conferences argue that a blanket 

authorization under section 203(a)(1) should be granted for transactions in which a public 

utility or a holding company is acquiring or disposing of a jurisdictional contract where 

the acquirer does not have captive customers and the contract does not convey control 

over the operation of a generation or transmission facility. These commenters argue that 

because acquisition of these contracts cannot create competitive or rate concerns, the 

Commission should grant blanket authorization under section 203(a)(1) for such 

transactions. Because the specific request for blanket authorization may present concerns 

where the transferor has captive customers, we seek comment on whether the 

Commission should grant a generic blanket authorization under section 203(a)(1) for the 

acquisition or disposition of a jurisdictional contract where neither the acquirer nor 

 19 18 CFR 33.1(c)(8) (granting a blanket authorization under section 203(a)(2) to a 

person that is a holding company solely with respect to one or more exempt wholesale 

generators (EWGs), foreign utility companies (FUCOs), or qualifying facilities (QFs) to 

acquire the securities of additional EWGs, FUCOs, or QFs). 

20 18 CFR 33.1(c)(9) (granting a conditional blanket authorization under section 

203(a)(2) to a holding company, or a subsidiary of that company, that is regulated by the 

Board of Governors of the Federal Reserve Bank or by the Office of the Comptroller of 

the Currency, under the Bank Holding Company Act of 1956 as amended by the GrammLeach-Bliley Act of 1999). 

21 18 CFR 33.1(c)(10) (granting a limited blanket authorization under section 

203(a)(2) to a holding company, or a subsidiary of that company, for the acquisition of 

securities of a public utility or a holding company that includes a public utility for 

purposes of underwriting activities or hedging transactions). 
Docket No. RM07-21-000 - 11 -

transferor has captive customers and the contract does not convey control over the 

operation of a generation or transmission facility. 

IV. Information Collection Statement

14. The Office of Management and Budget’s (OMB) regulations require that OMB 

approve certain information collection and data retention requirements imposed by 

agency rules.22 Therefore, the Commission is submitting the proposed modifications to 

its information collections to OMB for review and approval in accordance with section 

3507(d) of the Paperwork Reduction Act of 1995.23

15. The Commission is proposing amendments to the Commission’s regulations to 

provide for a limited blanket authorization under FPA section 203(a)(1). The regulations 

that the Commission proposes should have a minimal impact on the current reporting 

burden associated with an individual application, as they do not substantially change the 

filing requirements with which section 203 applicants must currently comply. Further, 

the Commission does not expect the total number of section 203 applications under 

amended section 203 to increase, but rather expects the total number of section 203 

applications to decrease. This is due to the proposed rule providing for a category of 

jurisdictional transactions for which the Commission would not require applications 

seeking before-the-fact approval. This would reduce the burden on the electric industry 

 22 5 CFR 1320. 

23 44 U.S.C. 3507(d). 
Docket No. RM07-21-000 - 12 -

because it will reduce the number of applications that need to be made with the 

Commission. 

16. Comments are solicited on the Commission’s need for this information, whether 

the information will have practical utility, the accuracy of provided burden estimates, 

ways to enhance the quality, utility, and clarity of the information to be collected, and any 

suggested methods for minimizing respondents’ burden, including the use of automated 

information techniques. 

Burden Estimate: The Public Reporting and records retention burden for the proposed 

reporting requirements and the records retention requirement is as follows. 

Title: FERC-519, “Application Under the Federal Power Act, Section 203” 

Action: Revised Collection 

OMB Control No: 1902-0082 

 The applicant will not be penalized for failure to respond to this information 

collection unless the information collection displays a valid OMB control number or the 

Commission has provided justification as to why the control number should not be 

displayed. 

Respondents: Businesses or other for profit. 

Frequency of Responses: N/A

Necessity of the Information: This proposed rule proposes codification of a limited 

blanket authorization under FPA section 203(a)(1), providing for a category of 

jurisdictional transactions under section 203(a)(1) for which the Commission would not 

require applications seeking before-the-fact approval.
Docket No. RM07-21-000 - 13 -

Internal Review: The Commission has conducted an internal review of the public 

reporting burden associated with the collection of information and assured itself, by 

means of internal review, that there is specific, objective support for its information 

burden estimate. 

17. Interested persons may obtain information on the reporting requirements by 

contacting: Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, 

D.C., 20426 [Attention: Michael Miller, Office of the Executive Director, Phone 

(202) 502-8415, fax (202) 273-0873, e-mail: michael.miller@ferc.gov]. Comments on 

the requirements of the proposed rule may also be sent to the Office of Information and 

Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503 

[Attention: Desk Officer for the Federal Energy Regulatory Commission, fax (202) 395-

7285, e-mail oira_submission@omb.eop.gov]. 

V. Environmental Analysis

18. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 

on the human environment.24 The Commission has categorically excluded certain actions 

from this requirement as not having a significant effect on the human environment.25 The 

proposed regulations are categorically excluded as they address actions under section 

 24 Regulations Implementing the National Environmental Policy Act, Order 

No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 

1986-1990 ¶ 30,783 (1987). 

25 18 CFR 380.4. 
Docket No. RM07-21-000 - 14 -

203.26 Accordingly, no environmental assessment is necessary and none has been 

prepared in this NOPR. 

VI. Regulatory Flexibility Act Certification 

19. The Regulatory Flexibility Act of 1980 (RFA)27 requires agencies to prepare 

certain statements, descriptions and analyses of proposed rules that will have a significant 

economic impact on a substantial number of small entities.28 However, the RFA does not 

define “significant” or “substantial.” Instead, the RFA leaves it up to an agency to 

determine the effect of its regulations on small entities. 

20. Most filing companies regulated by the Commission do not fall within the RFA’s 

definition of small entity.29 Moreover, as noted above, this proposed rule proposes 

codification of a limited blanket authorization under FPA section 203(a)(1), providing for 

a category of jurisdictional transactions under section 203(a)(1) for which the 

 26 See 18 CFR 380.4(a)(16). 

27 5 U.S.C. 601-12. 

28 The RFA definition of “small entity” refers to the definition provided in the 

Small Business Act, which defines a “small business concern” as a business that is 

independently owned and operated and that is not dominant in its field of operation. 

15 U.S.C. 632. The Small Business Size Standards component of the North American 

Industry Classification System defines a small electric utility as one that, including its 

affiliates, is primarily engaged in the generation, transmission, and/or distribution of 

electric energy for sale and whose total electric output for the preceding fiscal year did 

not exceed 4 million MWh. 13 CFR 121.201. 

29 5 U.S.C. 601(3), citing to section 3 of the Small Business Act, 15 U.S.C. 632. 

Section 3 of the Small Business Act defines a “small-business concern” as a business 

which is independently owned and operated and which is not dominant in its field of 

operation. 
Docket No. RM07-21-000 - 15 -

Commission would not require before-the-fact approval. Thus, filing requirements are 

reduced by the rule. Therefore, the Commission certifies that the proposed rule will not 

have a significant economic impact on a substantial number of small entities. As a result, 

no regulatory flexibility analysis is required. 

VII. Comment Procedures

21. The Commission invites interested persons to submit comments on the matters and 

issues proposed in this notice, including any related matters or alternative proposals that 

commenters may wish to discuss. Comments are due [insert date 30 days from 

publication in the FEDERAL REGISTER]. Comments must refer to Docket 

No. RM07-21-000, and must include the commenter’s name, the organization they 

represent, if applicable, and their address in their comments. Comments may be filed 

either in electronic or paper format. 

22. Comments may be filed electronically via the eFiling link on the Commission’s 

web site at http://www.ferc.gov. The Commission accepts most standard word 

processing formats, but requests commenters to submit comments in a text-searchable 

format rather than a scanned image format. Commenters filing electronically do not need 

to make a paper filing. Commenters that are not able to file comments electronically 

must send an original and 14 copies of their comments to: Federal Energy Regulatory 

Commission, Secretary of the Commission, 888 First Street, N.E., Washington, D.C., 

20426. 

23. All comments will be placed in the Commission’s public files and may be viewed, 

printed, or downloaded remotely as described in the Document Availability section 
Docket No. RM07-21-000 - 16 -

below. Commenters on this proposal are not required to serve copies of their comments 

on other commenters. 

VIII. Document Availability

24. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to view and/or print the 

contents of this document via the Internet through the Commission’s Home Page 

(http://www.ferc.gov) and in the Commission’s Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, N.E., Room 2A, 

Washington D.C. 20426. 

25. From the Commission’s Home Page on the Internet, this information is available 

in the Commission’s document management system, eLibrary. The full text of this 

document is available on eLibrary in PDF and Microsoft Word format for viewing, 

printing, and/or downloading. To access this document in eLibrary, type the docket 

number (excluding the last three digits of the docket number), in the docket number field. 

26. User assistance is available for eLibrary and the Commission’s website during 

normal business hours. For assistance, please contact FERC Online Support at 

(202) 502-6652 (toll-free at 1-866-208-3676) or e-mail at ferconlinesupport@ferc.gov, or 

the Public Reference Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public 

Reference Room at public.referenceroom@ferc.gov. 
Docket No. RM07-21-000 - 17 -

List of subjects in 18 CFR Part 33

Electric utilities, Reporting and recordkeeping requirements, Securities. 

 By direction of the Commission. 

 Kimberly D. Bose, 

 Secretary. 

 

 
Docket No. RM07-21-000 - 18 -

In consideration of the foregoing, the Commission proposes to amend Part 33, Chapter I, 

Title 18, Code of Federal Regulations, as follows: 

PART 33 – APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203

1. The authority citation for part 33 continues to read as follows: 

 Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101- 

7352; Pub. L. No. 109-58, 119 Stat. 594. 

2. In § 33.1, paragraph (c)(12) is added to read as follows: 

§ 33.1 Applicability, definitions, and blanket authorizations. 

 * * * * * 

 (c) * * * 

 (12) A public utility is granted a blanket authorization under section 203(a)(1) of 

the Federal Power Act to transfer its outstanding voting securities to any holding 

company granted blanket authorizations in paragraph (c)(2)(ii) of this section if, after the 

transfer, the holding company and any of its associate or affiliate companies in aggregate 

will own less than 10 percent of the outstanding voting interests of such public utility. 

 * * * * *