Sec. 301. Transactions with utility special entities
471 words·~2 min read·
/bill/114/s/2917/pcs/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1a(49) of the Commodity Exchange Act ( 7 U.S.C. 1a(49) ) is amended by adding at the end the following: In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity as if the swap were entered into with an entity that is not a special entity (as defined in section 4s(h)(2)(C)). . Section 4r(a)(3) of the Commodity Exchange Act ( 7 U.S.C. 6r(a)(3) ) is amended by adding at the end the following:
Transactions in utility operations-related swaps shall be reported pursuant to this section. . Section 1a(47)(A)(iii) of the Commodity Exchange Act ( 7 U.S.C. 1a(47)(A)(iii) ) is amended— in subclause (XXI), by striking and at the end; in subclause (XXII), by adding and at the end; and by adding at the end the following: a utility operations-related swap; . Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) is amended by adding at the end the following: The term utility operations-related swap means a swap that— is entered into by a utility to hedge or mitigate a commercial risk; is not a contract, agreement, or transaction based on, derived on, or referencing— an interest rate, credit, equity, or currency asset class; except as used for fuel for electric energy generation, a metal, agricultural commodity, or crude oil or gasoline commodity of any grade; or any other commodity or category of commodities identified for this purpose in a rule or order adopted by the Commission in consultation with the appropriate Federal and State regulatory commissions; and is associated with— the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers; fuel supply for the facilities or operations of a utility; compliance with an electric system reliability obligation; compliance with an energy, energy efficiency, conservation, or renewable energy or environmental law, regulation, or government order applicable to a utility; or any other electric energy or natural gas swap to which a utility is a party.
The term utility special entity means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that— owns or operates, or anticipates owning or operating, an electric or natural gas facility or an electric or natural gas operation; supplies, or anticipates supplying, natural gas and or electric energy to another utility special entity; has, or anticipates having, public service obligations under Federal, State, or local law (including regulations) to deliver electric energy or natural gas service to customers; or is a Federal power marketing agency (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )). .
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources