55812 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Proposed Rules 

(c) Any person seeking an exemption 

under this provision, shall file a petition 

for declaratory order pursuant to 

§ 385.207(a) of this chapter justifying its 

request for exemption. Any person 

seeking such an exemption shall bear 

the burden of demonstrating that such 

an exemption is warranted. 

§ 366.4 Allocation of costs for non-power 

goods and services. 

(a) For purposes of this section, the 

term ‘‘public utility’’ has the meaning 

given the term in section 201(e) of the 

Federal Power Act (16 U.S.C. 824(e) 

(2000)). 

(b) Commission review. In the case of 

non-power goods or administrative or 

management services provided by an 

associate company organized 

specifically for the purpose of providing 

such goods or services to any public 

utility in the same holding company 

system, at the election of the system or 

a state commission having jurisdiction 

over the public utility, the Commission 

shall review and authorize the 

allocation of the costs for such goods or 

services to the extent relevant to that 

associate company. Such election to 

have the Commission review and 

authorize cost allocations shall remain 

in effect until further Commission order. 

(c) Exemptions. Any company in a 

single-state holding company system is 

exempt from paragraph (b) of this 

section. A holding company system or 

state commission may, pursuant to this 

subsection, seek a Commission 

determination regarding single-state 

holding company system status by filing 

a petition for declaratory order pursuant 

to Rule 207(a) of the Commission’s 

Rules of Practice and Procedure 

(§ 385.207(a) of this chapter). 

Furthermore, any holding company 

system or state commission seeking 

such a determination shall bear the 

burden of demonstrating that such 

determination is warranted. 

(d) Other classes of transactions. 

Either upon petition for declaratory 

order or upon its own motion, the 

Commission may exclude from the 

scope of Commission review and 

authorization under paragraph (b) of 

this section any class of transactions 

that the Commission finds is not 

relevant to the jurisdictional rates of a 

public utility. Any holding company 

system or state commission seeking to 

obtain such a determination under this 

subsection shall file a petition for 

declaratory order pursuant to Rule 

207(a) of the Commission’s Rules of 

Practice and Procedure justifying its 

request for exemption (§ 385.207(a) of 

this chapter). Furthermore, any holding 

company system or state commission 

seeking such an exemption shall bear 

the burden of demonstrating that such 

determination is warranted. 

(e) Nothing in paragraphs (b)–(d) of 

this section shall affect the authority of 

the Commission under the Federal 

Power Act (16 U.S.C. 791 et seq. (2000)), 

the Natural Gas Act (15 U.S.C. 717 et 

seq. (2000)), or other applicable law, 

including the authority of the 

Commission with respect to rates, 

charges, classifications, rules, 

regulations, practices, contracts, 

facilities, and services. 

§ 366.5 Previously authorized activities. 

Unless otherwise provided by 

Commission rule or order, a person may 

continue to engage in activities or 

transactions authorized under the 

Public Utility Holding Company Act of 

2005 prior to the date of enactment of 

Energy Policy Act of 2005, August 8, 

2005, for the period of time provided in 

such authorization, so long as that 

person continues to comply with the 

terms of such authorization. If any such 

activities or transactions are challenged 

in a formal Commission proceeding, the 

person claiming prior authorization 

shall be required to provide the full text 

of any such authorization (whether by 

rule, order, or letter) and the 

application(s) or pleading(s) underlying 

such authorization (whether by rule, 

order, or letter). 

[FR Doc. 05–19000 Filed 9–22–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 447 and 455 

[CMS–2198–CN] 

RIN 0938–AN09 

Medicaid Program; Disproportionate 

Share Hospital Payments 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of proposed rule. 

SUMMARY: This document corrects a 

technical error that appeared in the 

proposed rule published in the Federal 

Register on August 26, 2005 entitled 

‘‘Medicaid Program; Disproportionate 

Share Hospital Payments.’’

FOR FURTHER INFORMATION CONTACT: Jim 

Frizzera, (410) 786–9535. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 05–16974 of August 26, 

2005 (70 FR 50262), we inadvertently 

omitted a sample Excel spreadsheet that 

displays the reporting requirements 

described in section III.A. of the 

proposed rule. 

II. Correction of Errors 

In FR Doc. 05–16974 of August 26, 

2005 (70 FR 50262), we are making the 

following correction: 

On page 50264, third column, after 

the first full paragraph, add the 

following Excel spreadsheet: 

BILLING CODE 4120–01–P 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Proposed Rules 55813 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: September 20, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–19051 Filed 9–22–05; 8:45 am] 

BILLING CODE 4120–01–C 


EP23SE05.059</GPH>