128 FERC ¶ 61,250 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Parts 366 and 367 

(Docket No. RM09-21-000) 

Revised Filing Requirements for Centralized Service Companies Under the Public Utility 

Holding Company Act of 2005, the Federal Power Act, and the Natural Gas Act 

(Issued September 17, 2009) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: In this Notice of Proposed Rulemaking, the Federal Energy Regulatory 

Commission proposes to revise the Commission’s regulations at 18 CFR 366.1, 366.23, 

367.1 and 367.2 to require every centralized service company that provides non-power 

services to any public utility, natural gas company, or both, to file Form No. 60 (Annual 

Report of Centralized Service Companies) annually and abide by the Uniform System of 

Accounts, unless exempted or granted a waiver pursuant to 18 CFR 366.3 or 366.4. 

DATES: Comments are due [insert date 30 days after publication in the FEDERAL 

REGISTER]. 

ADDRESSES: You may submit comments, identified by docket number RM09-21-000, 

by any of these methods:

 Agency Web Site: http://www.ferc.gov. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format and 

not in a scanned format. 
Docket No. RM09-21-000 ii

 Mail/Hand Delivery: Commenters unable to file comments electronically must mail 

or hand deliver an original and 14 copies of their comments to: Federal Energy 

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

Washington, DC 20426. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Russo (Technical Information) 

Division of Financial Regulation 

Office of Enforcement 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

Telephone (202) 502-8792 

Lawrence Greenfield (Legal Information) 

Office of the General Counsel – Energy Markets 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

Telephone (202) 502-6415 

Gary D. Cohen (Legal Information) 

Office of the General Counsel – Energy Markets 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

Telephone (202) 502-8321 

SUPPLEMENTARY INFORMATION: 
128 FERC ¶ 61,250 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Revised Filing Requirements for Centralized Docket No. RM09-21-000 

Service Companies Under the Public Utility 

Holding Company Act of 2005, the Federal 

Power Act, and the Natural Gas Act 

 NOTICE OF PROPOSED RULEMAKING 

 (Issued September 17, 2009) 

I. Introduction

1. In this Notice of Proposed Rulemaking (Notice), the Federal Energy Regulatory 

Commission proposes to revise the Commission’s regulations at 18 CFR 366.1, 366.23, 

367.1 and 367.2 to require every centralized service company that provides non-power 

services to a public utility, a natural gas company, or both, to file FERC Form No. 60 

(Annual Report of Centralized Service Companies) annually and abide by the Uniform 

System of Accounts, unless the holding company is exempted or granted a waiver 

pursuant to 18 CFR 366.3 or 366.4.1

 

2. The Commission believes that this proposed revision promotes transparency and is 

consistent with the Commission’s regulatory obligation to regulate public utilities under 

 1

 A recent inquiry from the public alerted the Commission that greater clarity is 

needed on the scope of these filing requirements. 

We are not proposing any revisions to the regulatory text of 18 CFR part 368 or 

18 CFR 369.1, because the current text already is consistent with the proposals in this 

Notice. 
Docket No. RM09-21-000 - 2 -

the Federal Power Act (FPA) 2 and natural gas companies under the Natural Gas Act 

(NGA)3

 to ensure that rates are just and reasonable. It also better tracks the 

Commission’s intent in prior orders directing the filing of FERC Form No. 60. 

II. Background

3. On December 8, 2005, the Commission adopted Order No. 667,4

 a final rule that, 

among other matters, required centralized service companies to file “a newly-created 

FERC Form No. 60 (Annual Report for Service Companies) which is based on a 

streamlined version of the [Securities and Exchange Commission’s] Form U-13-60.”5

 

The Commission adopted Order No. 667 in response to the repeal of the Public Utility 

Holding Company Act of 1935 (PUHCA 1935)6 and the enactment of the Public Utility 

Holding Company Act of 2005 (PUHCA 2005).7

 

 2

 16 U.S.C. 791a et seq.

3

 15 U.S.C. 717 et seq.

4 Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the 

Public Utility Holding Company Act of 2005, Order No. 667, FERC Stats. & Regs. 

¶ 31,197 (2005), order on reh’g, Order No. 667-A, FERC Stats. & Regs. ¶ 31,213 (2006), 

order on reh’g, Order No. 667-B, FERC Stats. & Regs. ¶ 31,224 (2006), order on reh’g, 

Order No. 667-C, 118 FERC ¶ 61,133 (2007). 

5 Id. P 12; see also id. P 38. Form U-13-60 was the Securities and Exchange 

Commission’s (SEC’s) annual report for service companies of registered holding 

companies. Id. P 78; see 17 CFR 250.94 (2005). 

6

 15 U.S.C. 79a et seq.

7

 42 U.S.C. 16451 et seq.; see Energy Policy Act of 2005, Pub. L. No. 109-58, 

1261-77, 119 Stat. 594, 972-78 (2005). 
Docket No. RM09-21-000 - 3 -

4. Pursuant to Order No. 667, the companies subject to the requirement to prepare 

and file FERC Form No. 60 were centralized service companies, i.e., those service 

companies that were “not a special-purpose company . . . [and] that provide[d] non-power 

goods or services to a Commission-jurisdictional public utility or natural gas company.”8

 

This language was intended to continue (albeit, as revised) the SEC requirement that 

centralized service companies of registered holding companies must file an annual report, 

regardless of whether the registered holding company included either (or both) a public 

utility or a natural gas company. 

5. On April 24, 2006, the Commission adopted Order No. 667-A, which addressed 

issues raised in requests for rehearing of Order No. 667. Among other things, we stated 

that “our regulatory concerns are with respect to allocation of costs to entities whose rates 

are regulated by the Commission under the [Federal Power Act (FPA),9

] and [Natural 

Gas Act (NGA)10], i.e., public utilities and natural gas companies.”11 

 8

 Order No. 667, FERC Stats. & Regs. ¶ 31,197, at regulatory text for 18 CFR 

366.23(a). The Commission subsequently explained: “[i]n Order No. 667..., the 

Commission announced its intention to modify the existing Uniform Systems of 

Accounts for public utilities and licensees and natural gas companies in Parts 101 and 

201, respectively, of the Commission's regulations to accommodate centralized service 

companies' use of those systems” – which was, in fact, done in Order No. 684. Financial 

Accounting, Reporting and Records Retention Requirements Under the Public Utility 

Holding Company Act of 2005, Notice of Proposed Rulemaking, FERC Stats. & Regs. 

¶ 32,600, at P 6 (2006) (April 2006 Notice); accord Financial Accounting, Reporting and 

Records Retention Requirements Under the Public Utility Holding Company Act of 

2005, Order No. 684, FERC Stats. & Regs. ¶ 31,229, at P 5 (2006). 

9

 16 U.S.C. 791a et seq.; see Order No. 667-A, FERC Stats. & Regs. ¶ 31,213 at 

P 6, n.12. 

10 15 U.S.C. 717 et seq.
Docket No. RM09-21-000 - 4 -

6. On the same date that the Commission adopted Order No. 667-A, it also proposed 

to adopt a Uniform System of Accounts for centralized service companies.12 

7. In addition, the Commission specifically invited comment,13 on whether there was 

a regulatory gap under PUHCA 2005 that might restrict the Commission’s ability to 

assert jurisdiction over holding companies with natural gas company affiliates and no 

public utility affiliates and what, if any, action the Commission might take under the 

NGA.14 None of the comments filed in response to the April 2006 Notice raised any 

objection to the applicability of FERC Form No. 60 to service companies providing nonpower goods and services to either public utilities or natural gas companies. In Order 

No. 684, in fact, the Commission noted that its authority extended to centralized service 

companies that served both public utilities and natural gas companies -- referencing 

PUHCA 2005 as well as the FPA and NGA.15 

 11 Order No. 667-A, FERC Stats. & Regs. ¶ 31,213 at P 46, n.64 (emphasis 

added). In both Order Nos. 667 and 667-A, the Commission noted its independent, broad 

authority under the FPA and NGA to obtain the books and records of regulated 

companies, and the FPA and NGA particularly provide that such authority extends to the 

books and records of any person that controls a public utility or a natural gas company 

and to the books and records of any other company controlled by such person. 15 U.S.C. 

717g(c); 16 U.S.C. 825(c); see Order No. 667, FERC Stats. & Regs. ¶ 31,197 at P 3, 6, 

107, 130 n.122; Order No. 667-A, FERC Stats. & Regs. ¶ 31,213 at P 4, 12; cf. Order 

No. 667, FERC Stats. & Regs. ¶ 31,197 at P 52 (discussing how books and records may 

be obtained). 

12 April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 at P 1, 7, 9. 

13 Id. P 17. 

14 Id.

15 Order No. 684, FERC Stats. & Regs. ¶ 31,229 at P 54. 
Docket No. RM09-21-000 - 5 -

8. As we explained in the April 2006 Notice, describing the development of the 

regulations: 

we were guided by three overarching objectives: (1) the new accounting 

and records retention requirements should mirror the existing requirements 

contained in Parts 101, 201, 125 and 225 of the Commission's regulations 

for public utilities and licensees and natural gas companies to the maximum 

extent practicable, but should exclude provisions that are not relevant; 

(2) the new accounting requirements should allow for the consolidation of 

service company financial information with the financial information of 

associate public utilities and licensees and natural gas companies as needed 

for stockholder and SEC reporting; and (3) the new Uniform System of 

Accounts for centralized service companies should include requirements 

that reflect aspects of business operations that are unique to such service 

companies. [16] 

We also explained in the April 2006 Notice that the proposed Uniform System of 

Accounts for Centralized Service Companies conformed, to the maximum extent 

practicable, to the Commission’s existing Uniform Systems of Accounts for public 

utilities and licensees and for natural gas companies as set forth in parts 101 and 201, 

respectively, of the Commission’s regulations.17 

9. The Commission followed up the issuance of Order Nos. 667 and 667-A with 

Order No. 684,18 a final rule that, among other matters, established a Uniform System of 

Accounts for centralized service companies in part 367. Order No. 684 also reiterated 

 16 April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 at P 8; accord Order No. 684, 

FERC Stats. & Regs. ¶ 31,229 at P 27, 100. 

17 April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 at P 9; accord Order No. 684, 

FERC Stats. & Regs. ¶ 31,229 at P 9; cf. id. P 10 (referring to record retention 

requirements for public utilities and natural gas companies). 

18 See supra note 8. 
Docket No. RM09-21-000 - 6 -

that centralized service companies providing non-power services must file FERC Form 

No. 60, Annual Report of Centralized Service Companies, unless exempted or granted a 

waiver pursuant to 18 CFR 366.3 or 366.4; this requirement was codified at 18 CFR 

366.23 and 367.2. 

10. It is also noteworthy that, when the Commission in Order No. 684 compared the 

final rule it was adopting there to the proposals in the April 2006 Notice, the Commission 

did not state that it was now excusing centralized service companies in those holding 

company systems with no public utilities from their obligations to file FERC Form 

No. 60 and to abide by the Uniform System of Accounts. Indeed, the Commission 

explained in Order No. 684 that “a structured USofA as proposed under new part 367 of 

the Commission’s regulations is necessary to ensure consistency across the centralized 

service companies and, equally important, to ensure the Commission has the information 

necessary to carry out its obligations under PUHCA 2005, the Federal Power Act (FPA), 

and the Natural Gas Act (NGA).” 19 We also explained in Order No. 684: 

 Although flexibility in accounting rules may have enabled the SEC to meet 

its regulatory responsibilities, such flexibility will not allow the 

Commission to accomplish its regulatory mandate to ensure just and 

reasonable rates. There are hundreds of entities subject to the 

Commission’s jurisdiction. The only way the Commission can efficiently 

carry out this mandate is by requiring these entities to account for 

transactions in a structured and uniform manner. That is why the 

Commission adopted and still maintains USofAs for public utilities and 

licensees and for natural gas companies. A structured USofA for 

centralized service companies is an equally essential tool that the 

Commission needs to carry out its regulatory responsibilities.[20] 

 19 Order No. 684, FERC Stats. & Regs. ¶ 31,229 at P 27. 

20 Id. P 29. 
Docket No. RM09-21-000 - 7 -

The same reasoning applies equally to the filing of FERC Form No. 60. 21

11. As currently written, 18 CFR 366.23(a)(1) provides that, 

[u]nless otherwise exempted or granted a waiver by Commission rule or 

order pursuant to § 366.3 and § 366.4, every centralized service company 

[22]

 (see § 367.2 of this chapter) in a holding company system must file an 

annual report, Form No. 60. 

However, 18 CFR 367.2(a) currently states that, unless exempted or granted a waiver by 

Commission rule or order, the Uniform System of Accounts, on which FERC Form 

No. 60 is based “applies to any centralized service company operating, or organized 

specifically to operate, within a holding company system for the purpose of providing 

non-power services to any public utility in the same holding company system.” 

12. In Order Nos. 667, 667-A and 684, the Commission intended to require every 

centralized service company that provides non-power services to a public utility, a natural 

gas company, or both, to file FERC Form No. 60 (Annual Report of Centralized Service 

 21 Also notable is the fact that 18 CFR 367.2(b)(4) provides that the requirement to 

use the Uniform System of Accounts does not apply to a centralized service company that 

provides services “exclusively to a local gas distribution company.” This provision 

parallels the provision in 18 CFR 366.3(b)(2)(vi) that exempts a holding company that is 

a holding company solely with respect to local gas distribution companies that are not 

regulated as natural gas companies. Such an exemption would have been unnecessary if 

the requirements of that section only extended to services provided to public utilities. 

The regulations also provide, at 18 CFR 367.2(b)(2), that the new Uniform System of 

Accounts is not applicable to gas utility companies. If the requirement to file Form 

No. 60 was intended to only extend to non-power services provided by centralized 

service companies to public utilities, then this language likewise would be superfluous. 

22 A centralized service company is defined to include any service company 

providing services such as administrative, management, financial, accounting, and other 

services “to other companies in the same holding company system.” 18 CFR 367.1(a)(7). 
Docket No. RM09-21-000 - 8 -

Companies) annually, unless the holding company is exempted or granted a waiver 

pursuant to 18 CFR 366.3 or 366.4. However, it has recently come to the Commission’s 

attention that the regulatory text as currently drafted, particularly at 18 CFR 366.1 and 

366.23 and 18 CFR 367.1 and 367.2, does not conform to the Commission’s intention on 

these matters. 

III. Discussion

13. As currently written, the reference in 18 CFR 366.23 to 18 CFR 367.2, and 

18 CFR 367.2 itself, make both the requirement to file FERC Form No. 60 under 

18 CFR 366.23 and the requirement to abide by the Uniform System of Accounts 

pursuant to 18 CFR 367.2 applicable only to a centralized holding company providing 

non-power goods or services to a “public utility” in the same holding company system, 

rather than to a “public utility” or a “natural gas company” or both. 

14. It was our intention in Order Nos. 667, 667-A and 684 that every centralized 

service company providing non-power services either to any public utility or to any 

natural gas company (or to both) in the same holding company system file FERC Form 

No. 60 and comply with the Uniform System of Accounts, unless the holding company is 

exempted or granted a waiver. However, it has recently come to our attention that, as 

currently written, the regulatory text of 18 CFR 366.1, 366.23, 367.1 and 367.2 could be 

read to reach a different conclusion. As discussed above, this more narrow application 

was not intended. 

15. Thus, we propose to apply the FERC Form No. 60 annual filing requirement, as 

well as the requirement to abide by the Uniform System of Accounts, to any centralized 
Docket No. RM09-21-000 - 9 -

service company that provides non-power services to any public utility or any natural gas 

company, or both, in the same holding company system, so that the filing requirements 

will apply to all the entities that the Commission envisioned covering in its earlier orders, 

(i.e., the public utilities and natural gas companies subject to the Commission’s 

jurisdiction under the FPA and NGA). 

16. Therefore, the Commission proposes to revise 18 CFR 366.1 and 18 CFR 367.1 to 

clarify that “service companies” include entities providing non-power goods or services 

to any public utility or any natural gas company in the same holding company system, 

and to revise 18 CFR 366.23 and 18 CFR 367.2 to clarify that every centralized service 

company that provides non-power services to a public utility, a natural gas company, or 

both, in the same holding company system, must file FERC Form No. 60 (Annual Report 

of Centralized Service Companies) annually and must abide by the Uniform System of 

Accounts, unless the holding company is exempted or granted a waiver pursuant to 

18 CFR 366.3 or 366.4. 

17. The Commission believes that these revisions will promote transparency and are 

consistent with the Commission’s regulatory obligation to regulate public utilities under 

the FPA and natural gas companies under the NGA to ensure just and reasonable rates. It 

also better tracks the Commission’s intent in prior orders directing the filing of FERC 

Form No. 60.23 

 23 If commenters believe that revisions to 18 CFR part 368 or 18 CFR 369.1 are 

also needed, they may so state in their comments. 
Docket No. RM09-21-000 - 10 -

18. In contrast to Order Nos. 667, 667-A and 684, in this rulemaking the Commission 

intends to rely explicitly on the Commission’s authority under the FPA and NGA, in 

addition to our authority under PUHCA 2005. Accordingly, the Commission also 

proposes in this Notice to revise the name of subchapter U, and of parts 366 and 367, title 

18, CFR, to better reflect the Commission’s reliance on its statutory authority under the 

FPA and NGA, in addition to its authority under PUHCA 2005. 

IV. Information Collection Statement

19. Office of Management and Budget (OMB) regulations require OMB to review and 

approve certain information collection requirements imposed by agency rule. 24 The 

Commission is submitting notification of the information collection requirements 

contained in this proposed rule to OMB for review and approval under section 3507(d) of 

the Paperwork Reduction Act of 1995.25 The Commission solicits comments on the 

Commission's need for this information, whether the information will have practical 

utility, the accuracy of the 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. 

20. In this Notice, we are proposing to require that FERC Form No. 60 as it currently 

exists now also be filed by centralized service companies in holding company systems 

that include natural gas companies (where there is not also a public utility), and that the 

 24 5 CFR 1320.11. 

25 44 U.S.C. 3507(d). 
Docket No. RM09-21-000 - 11 -

Uniform System of Accounts as it currently exists now also apply to centralized service 

companies in holding company systems (where there is not also a public utility); in 

holding company systems where there already is a public utility, these requirements 

already apply. The number of companies that now would be subject to these 

requirements (that were not subject to these requirements before) is relatively small, since 

most holding companies include only public utilities or include both public utilities and 

natural gas companies and so would already be subject to these requirements. 

Title: FERC Form No. 60, Annual Report of Centralized Service Companies. 

Action: Proposed collections. 

OMB Control No.: 1902-0215. 

Respondents: Business or other for profit, Interstate natural gas pipelines and public 

utilities (not applicable to small businesses). 

Frequency of Responses: Annually. 

21. Necessity of Information: This proposed rule, if implemented, would explicitly 

require, absent an exemption or waiver, any centralized service company providing nonpower services to any natural gas company or any public utility, or both, to file FERC 

Form No. 60 annually and to comply with the Uniform System of Accounts. This 

information is needed to promote transparency and to allow the Commission to determine 

whether rates of natural gas pipelines and public utilities are just and reasonable.

22. Implementation of these requirements also will help the Commission carry out its 

responsibilities under the FPA, NGA, and PUHCA 2005 to ensure that public utilities and 

natural gas companies do not engage in improper pricing and undue discrimination. The 
Docket No. RM09-21-000 - 12 -

information collection requirements of this proposed rule will be reported to the 

Commission and posted on the Commission’s web site. 

Internal Review: The Commission has reviewed the reporting and accounting 

requirements proposed in this Notice. These requirements conform to the Commission's 

plan for efficient information collection, communication, and management within the 

natural gas pipeline and electric power industries, and are necessary to meet the 

Commission’s obligations under PUHCA, the FPA, and the NGA. The Commission has 

assured itself, by means of its internal review, that there is specific, objective support for 

the burden estimates associated with the information collection requirements. 

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

contacting the following: 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

[Attention: Michael Miller, Office of the Chief Information Officer 

Phone: (202)502-8415, fax: (202)273-0873 

e-mail: michael.miller@ferc.gov] 

24. Comments concerning the collection of information and the associated burden 

estimate, should be sent to the contact listed above and to the Office of Management and 

Budget, Office of Information and Regulatory Affairs, Washington, DC 20503 

[Attention: Desk Officer for the Federal Energy Regulatory Commission, phone: 

(202)395-7856, fax: (202)395-7285]. 
Docket No. RM09-21-000 - 13 -

V. ENVIRONMENTAL ANALYSIS

25. 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.26 The Commission has categorically excluded certain 

actions from these requirements as not having a significant effect on the human 

environment.27 The actions proposed here fall within categorical exclusions in the

Commission's regulations for rules that are clarifying, corrective, or procedural, fo

information gathering, analysis, and dissemination, for accounting-related matters, and 

for rate-related matters.

r 

28 Therefore, no environmental assessment is necessary. 

VI. REGULATORY FLEXIBILITY ACT CERTIFICATION

26. The Regulatory Flexibility Act of 1980 (RFA)29 generally requires a description 

and analysis of rulemakings that will have a significant economic impact on a substantial 

number of small entities. The regulations proposed here impose requirements only on 

holding companies of public utilities and natural gas pipelines, the majority of which are 

not small businesses, and thus the regulations proposed here will not have a significant 

economic impact on a substantial number of small entities. These requirements are, in 

fact, designed to benefit all customers, including small businesses. Accordingly, the 

 26 Regulations Implementing the National Environmental Policy Act, Order 

No. 486, FERC Stats. & Regs. ¶ 30,783 (1987). 

2718 CFR 380.4. 

28 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(15), 

380.4(a)(16,380.4(a)(25); accord id. 380.4(a)(27). 

29 5 U.S.C. 601-12. 
Docket No. RM09-21-000 - 14 -

Commission hereby certifies that the regulations proposed here will not have a significant 

adverse impact on a substantial number of small entities. 

VII. COMMENT PROCEDURES

27. The Commission invites interested persons to submit written comments on the 

matters proposed to be adopted 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. RM09-21-000, and must include the commenter’s name, organization represented, if 

applicable, and address. Comments may be filed either in electronic or paper format. 

28. 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 and commenters may attach additional files with supporting 

information in certain other file formats. Commenters filing electronically do not need to 

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

submit an original and 14 copies of their comments to: Office of the Secretary, Federal 

Energy Regulatory Commission, 888 First Street, N.E., Washington, DC 20426. 

29. 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 

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

commenters. 

VIII. DOCUMENT AVAILABILITY

30. In addition to publishing the full text of this document in the Federal Register, the 
Docket No. RM09-21-000 - 15 -

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, DC 20426. 

31. From the Commission's Home Page on the Internet, this information is available in 

eLibrary. The full text of this document is available in eLibrary both 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 this 

document in the docket number field. 

32. User assistance is available for eLibrary and the Commission’s web site during the 

Commission’s normal business hours. For assistance, contact FERC Online Support by 

email at FERCOnlineSupport@ferc.gov, or by telephone at 202-502-6652 (toll-free at 

(866) 208-3676) or for TTY, contact (202) 502-8659. 

List of subjects in 18 CFR part 366

Electric power 

Natural gas 

Reporting and recordkeeping requirements 
Docket No. RM09-21-000 - 16 -

List of subjects in 18 CFR part 367

Electric power 

Natural gas 

Uniform System of Accounts 

Reporting and recordkeeping requirements 

By direction of the Commission. 

( S E A L ) 

Kimberly D. Bose, 

Secretary. 
Docket No. RM09-21-000 - 17 -

In consideration of the foregoing, the Commission proposes to amend parts 366 

and 367, subchapter U, Chapter I, Title 18, Code of Federal Regulations, as follows: 

1. The title of Subchapter U is revised to read as follows: 

SUBCHAPTER U- REGULATIONS UNDER THE PUBLIC UTILITY HOLDING 

COMPANY ACT OF 2005, FEDERAL POWER ACT AND NATURAL GAS ACT 

PARTS 366 BOOKS AND RECORDS 

2. The title of part 366 is revised as set forth above: 

3. The authority citation for part 366 is revised to read as follows: 

Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42 U.S.C. 16451-

16463.

4. The title of Subpart A is revised to read as follows: 

Subpart A- Definitions and Provisions under PUHCA 2005, the Federal Power Act 

and the Natural Gas Act 

5. In § 366.1, the definition of “service company” is revised to read as follows: 

* * * * * 

Service company. The term “service company” means any associate company 

within a holding company system organized specifically for the purpose of providing 

non-power goods or services or the sale of goods or construction work to any public 

utility or any natural gas company, or both, in the same holding company system. 

* * * * * 

6. The title of Subpart B is revised to read as follows: 
Docket No. RM09-21-000 - 18 -

Subpart B- Accounting and Recordkeeping under PUHCA 2005, the Federal Power 

Act and the Natural Gas Act 

7. In § 366.23, paragraph (a) is revised to read as follows: 

§ 366.23 FERC Form No. 60, Annual reports of centralized service companies, 

and FERC-61, Narrative description of service company functions.

 (a) General. (1) FERC Form No. 60. Unless otherwise exempted or granted a 

waiver by Commission rule or order pursuant to §§ 366.3 and 366.4, every centralized 

service company (see § 367.2 of this chapter) in a holding company system, regardless of 

whether that service company is providing services to a public utility, a natural gas 

company, or both, must file an annual report, FERC Form No. 60, as provided in § 369.1 

of this chapter. Every report must be submitted on the FERC Form No. 60 then in effect 

and must be prepared in accordance with the instructions incorporated in that form. 

* * * * * 

8. The title of part 367 is revised to read as follows: 

PART 367 – UNIFORM SYSTEM OF ACCOUNTS FOR CENTRALIZED 

SERVICE COMPANIES SUBJECT TO THE PROVISIONS OF THE PUBLIC 

UTILITY HOLDING COMPANY ACT OF 2005, FEDERAL POWER ACT AND 

NATURAL GAS ACT 

9. The authority citation for part 367 is revised to read as follows: 

Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42 U.S.C. 16451-

16463. 

10. In § 367.1, paragraph (a)(45) is revised to read as follows: 

§ 367.1 Definitions. 
Docket No. RM09-21-000 - 19 -

(a) * * * 

 (45) Service company means any associate company within a holding company 

system organized specifically for the purpose of providing non-power goods or services 

or the sale of goods or construction work to any public utility or any natural gas 

company, or both, in the same holding company system. 

* * * * * 

11. In § 367.2, paragraph (a) is revised to read as follows: 

§ 367.2 Companies for which this system of accounts is prescribed. 

 (a) Unless otherwise exempted or granted a waiver by Commission rule or 

order pursuant to §§ 366.3 and 366.4 of this chapter, this Uniform System of Accounts 

applies to any centralized service company operating, or organized specifically to 

operate, within a holding company system for the purpose of providing non-power 

services to any public utility or any natural gas company, or both, in the same holding 

company system. 

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