Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-110 - Disclosure of corporate associations-Types of disclosures required

Current through Register Vol. 24-14, July 15, 2024
(1) Registered entities
				and registration applicants must disclose all direct and indirect corporate
				associations with other entities registered in the cap and invest program or in
				another external GHG ETS to which Washington has linked.
(2) Disclosure of parent companies.
				Registered entities and registration applicants must disclose all direct
				corporate associations with other parties not registered in the cap and invest
				program or in another external GHG ETS to which Washington has linked, if those
				parties have the degree of ownership interest in or control over the registered
				entity or registration applicant to meet the requirements of having a direct
				corporate association.
(3) A
				registered entity or registration applicant that has a direct or indirect
				corporate association with another entity registered in the program must
				disclose the identity of all parties involved in the line of direct or indirect
				corporate associations between the registered entity and the registration
				applicant or between the two registered entities, even if such parties are not
				registered entities.
(4) Registered
				entities and registration applicants that have direct corporate associations
				with unregistered parties in the United States or Canada that are otherwise not
				required to be disclosed must disclose those associations within 30 calendar
				days of a request by ecology. The disclosing party may elect to disclose only
				those directly associated parties located in the United States or Canada that
				participate in a market related to the cap and invest program.
(a) Parties participating in a market related
				to the cap and invest program include only those parties that purchase or sell
				GHG compliance instruments, natural gas, oil, or electricity; or parties that
				conduct exchange trades involving derivatives or swaps based on GHG compliance
				instruments, natural gas, oil, or electricity.
(b) The disclosure of parties in related
				markets may be accomplished through the submission of the most recent
				information submitted to another government agency in the United States using
				one or more of the following official governmental forms or documentation as
				needed to meet the disclosure requirements:
(i) Exhibit 21 of the Form 10-K submitted to
				the Securities and Exchange Commission by the registrant or an affiliate of the
				registrant;
(ii) the application for
				market-based rate authority, or update to such application, submitted by the
				registrant or an affiliate of the registrant to the Federal Energy Regulatory
				Commission pursuant to  18 C.F.R. Part 35  and Order 697;
(iii) the application for registration with
				the National Futures Association, or update to such application, submitted by
				the registrant or an affiliate of the registrant as required by the Commodity
				Futures Trading Commission pursuant to the Commodity Exchange Act,
				7
				U.S.C. 1;
(iv) Form 40 or Form 40S filed by the
				registrant or an affiliate of the registrant in accordance with the Commodity
				Futures Trading Commission's reporting rules (17 C.F.R.
				section 18.04); and/or
(v) Part 1A of a Form ADV filed with the
				Securities and Exchange Commission by a registered investment advisor
				responsible for managing the registrant.