42 U.S.C. § 16453 — State access to books and records

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 269 words · no verdicts yet

in plain englishAI-generated · not legal advice

A state commission can ask a holding company for its records. The company must hand over records the commission has clearly identified. The records must relate to costs and be needed for the commission's case. Rules protect trade secrets, and courts can enforce this.

(a) In general: If a state commission that regulates a public utility sends a written request, the holding company (or another company connected to it) must show certain books, records, and other papers. But only records that: (1) the state commission has already described clearly in a proceeding; (2) the state commission decides matter to the utility's costs; and (3) the state commission needs to do its job in that proceeding. (b) Limitation: This rule does not apply to a company that counts as a "holding company" only because it owns one or more "qualifying facilities" under a different law, the Public Utility Regulatory Policies Act of 1978. (c) Confidentiality of information: When a company hands over these records, the sharing must follow terms and conditions that protect trade secrets and sensitive business information from becoming public. (d) Effect on State law: This section does not cancel out any state law about getting these records. States keep whatever other rights they have to obtain these records under other federal law, contracts, or other means. (e) Court jurisdiction: A federal district court located in the state where the state commission sits can enforce compliance with this section.

the actual law source: uscode.house.gov ↗public domain

(a) In general

Upon the written request of a State commission having jurisdiction to regulate a public-utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public-utility company, wherever located, shall produce for inspection books, accounts, memoranda, and other records that—

(1)

have been identified in reasonable detail in a proceeding before the State commission;

(2)

the State commission determines are relevant to costs incurred by such public-utility company; and

(3)

are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding.

(b) Limitation

Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).

The production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information.

(d) Effect on State law

Nothing in this section shall preempt applicable State law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any State to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise.

(e) Court jurisdiction

Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.

Source credit: (Pub. L. 109–58, title XII, § 1265, Aug. 8, 2005, 119 Stat. 975.)

history & why it existsrecord from the source credit

2005Enacted · Pub. L. 109-58 · 119 Stat. 975

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

all 0 arguments · sorted by: best

no arguments yet — make the first case