(2) Terms and conditions designed to ensure
and enhance the reliability of electric service to all
retail electric customers of the utility.
(3) Terms and conditions allowing the nonregu-
lated electric utility to recover costs incurred prior to
July 11, 1996 and any costs incurred pursuant to
a contract entered into under section 210 of the
Public Utility Regulatory Policies Act of 1978.
(4) Terms and conditions to promote electric
energy efficiency, conservation, and environmental
programs.
Such terms and conditions may only be imposed on a non-
discriminatory and competitively neutral basis.
(d) PREFERENCE POWER.—No person may resell
electric energy purchased by such person pursuant to a
long-term firm power contract from any Federal power
marketing authority to any other person not directly
served by retail distribution facilities owned or operated
by such person.
SEC. 105. JURISDICTION OF STATE COURTS.
In addition to the prohibitions on Federal court juris-
diction set forth in section 1342 of title 28 of the United
States Code, notwithstanding any other provision of law,
no court of the United States shall have jurisdiction over
any action arising under any provision of section 102, 103,
104, 107, or 111 except for review of any action in the
Supreme Court of the United States in accordance with
sections 1257 and 1258 of title 28 of the United States
Code. Any person may bring an action in the appropriate
State court to enforce the requirements of sections 102,
103, 104, 107, and 111. Except for Supreme Court re-
view, any appeal, review, or other action in State court
shall be pursuant to any applicable State procedures.
SEC. 106. FERC AUTHORITY FOR CERTAIN UTILITIES.
(a) IN GENERAL.—If a notice under section 103(a)
or 104(a) is not submitted by the date applicable under
section 103(a) or 104(a) for a State regulated or a non-
regulated electric utility, the Commission shall implement
by December 15, 2000, subsections (b) through (e) of sec-
tion 103 and subsections (b) through (d) of section 104
for that State or nonregulated electric utility. The exercise
of such authorities pursuant to this section shall preempt
any State law that is inconsistent with the exercise of such
authorities.
(b) FEDERAL COURTS.—The provisions of section
105 (relating to jurisdiction of State courts) shall not
apply to any action arising under this section. Any person
aggrieved by any action of the Commission pursuant to
this section may bring an action in the appropriate United
States district court for appropriate relief.
political subdivision of a State that under the law of
such State has jurisdiction to regulate public utility
companies.
(16) The term ‘‘subsidiary company’’ of a hold-
ing company means (A) any company 10 percent or
more of the outstanding voting securities of which
are directly or indirectly owned, controlled, or held
with power to vote, by such holding company; and
(B) any person the management or policies of which
the Commission, after notice and opportunity for
hearing, determines to be subject to a controlling in-
fluence, directly or indirectly, by such holding com-
pany (either alone or pursuant to an arrangement
or understanding with 1 or more other persons) so
as to make it necessary or appropriate for the pro-
tection of consumers with respect to rates that such
person be subject to the obligations, duties, and li-
abilities imposed in this title upon subsidiary compa-
nies of holding companies.
(17) The term ‘‘voting security’’ means any se-
curity presently entitling the owner or holder thereof
to vote in the direction or management of the affairs
of a company.