Gas Related Activities Act of 1990
PL 101-572 (H.R.3656), enacted 11/15/1990

104 STAT. 2810 
PUBLIC LAW 101-572—NOV. 15, 1990 
Public Law 101-572 
101st Congress 
An Act 
Nov. 15, 1990 
To clarify the application of the functional relationship test to gas utility holding 
[H.R. 3656] 
companies registered under the Public Utility Holding Compfiny Act of 1935. 
Be it enacted by the Senate and House of Representatives of the 
Gas Related 
United States of America in Congress assembled. 
Activities Act of 
1990-^ „^, 
SECTION 1. SHORT TITLE. 
15 u s e 79k note. 
This Act may be cited as the "Gas Related Activities Act of 1990". 
15 u s e 79k note. 
SEC. 2. RULE OF CONSTRUCTION. 
(a) TREATMENT OF CERTAIN ACQUISITIONS INVOLVING GAS COMPA-
NIES O
R GAS TRANSPORTATION OR STORAGE.—The acquisition by a 
registered company of any interest in £iny natural gas company or of 
any interest in any company organized to participate in activities 
involving the transportation or storage of natural gas, shall be 
deemed, for the purposes of section llO^XD of the Act, to be reason-
ably incidental or economically necessary or appropriate to the 
operation of such gas utility companies. 
(b) TREATMENT OF ACQUISITIONS RELATED TO SUPPLY OF NATURAL 
GAS; COMMISSION DETERMINATION OF CUSTOMER INTEREST.—The ac-
quisition by a registered company of any interest in any company 
organized to participate in activities (other than those of a natural 
gas company or involving the transportation or storage of natural 
gas) related to the supply of natural gas, including exploration, 
development, production, marketing, manufacture, or other similar 
activities related to the supply of natural or manufactured gas, shall 
be deemed, for purposes of section 110t))(l) of the Act, to be reason-
ably incidental or economically necessary or appropriate to the 
operation of such gas utility companies, if— 
(1) the Commission determines, after notice and opportunity 
for hearing in which the company proposing the acquisition 
shall have the burden of proving, that such acquisition is in the 
interest of consumers of each gas utility company of such 
registered company or consumers of any other subsidiary of 
such registered company; and 
(2) the Commission determines that such acquisition will not 
be detrimental to the interest of consumers of any such gas 
utility company or other subsidiary or to the proper functioning 
of the registered holding compgmy system. 
(c) CASE-BY-CASE DECISIONS REQUIRED.—Each such determination 
under this section shall be made on a case-by-case basis, and not be 
based on any preset criteria. 
(d) SAVINGS PROVISION.—Nothing herein shall be construed to 
affect the applicability of any other provisions of the Act to the 
acquisition or retention of any such interest by any such company. 
(e) DEFINITIONS.—For purposes of this section— 
(1) the term "registered company" means a company reg-
istered under the Act solely by reason of direct or indirect 
PUBLIC LAW 101-572—NOV. 15, 1990 
104 STAT. 2811 
ownership of voting securities of one or more gas utility compa-
nies, or any subsidiary company of such registered company; 
(2) the term "natural gas company" has the meaning given 
such term under the Natural Gas Act (15 U.S.C. 717(a) et seq.); 
and 
, 
(3) the term "the Act" means the Public Utility Holding 
Compgmy Act of 1935. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.R. 3656: 
HOUSE REPORTS: No. 101-477 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
May 8, considered and passed House. 
Oct. 27, considered and passed Senate, amended. House concurred in Senate 
amendments. 
o