[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR34.1]

[Page 239-240]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR 
THE ASSUMPTION OF LIABILITIES--Table of Contents
 
Sec. 34.1  Applicability; definitions; exemptions in case of certain State 
regulation, certain short-term issuances and certain qualifying facilities.




Sec.
34.1 Applicability; definitions; exemptions in case of certain State 
          regulation, certain short-term issuances and certain 
          qualifying facilities.
34.2 Placement of securities.
34.3 Contents of application for issuance of securities.
34.4 Required exhibits.
34.5 Additional information.
34.6 Form and style.
34.7 Number of copies to be filed.
34.8 Verification.
34.9 Filing fee.
34.10 Reports.

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 
7101-7352.

    Source: Order 182, 46 FR 50514, Oct. 14, 1981, unless otherwise 
noted.

    Cross References: For rules of practice and procedure, see part 385 
of this chapter. For Approved Forms, Federal Power Act, see part 131 of 
this chapter.

    OMB Reference: ``FERC Filing No. 523'' is the identification number 
used by the Commission and the Office of Management and Budget to 
reference the filing requirements in part 34.


    (a) Applicability. This part applies to applications for 
authorization from the Commission to issue securities or assume an 
obligation or liability which are filed by:
    (1) Licensees and other entities pursuant to sections 19 and 20 of 
the Federal Power Act (41 Stat. 1073, 16 U.S.C. 812, 813) and part 20 of 
the Commission's regulations; and
    (2) Public utilities pursuant to section 204 of the Federal Power 
Act (49 Stat. 850, 16 U.S.C. 824c).
    (b) Definitions. For the purpose of this part:
    (1) The term utility means a licensee, public utility or other 
entity seeking authorization under sections 19, 20 or 204 of the Federal 
Power Act;
    (2) The term securities includes any note, stock, treasury stock, 
bond, or debenture or other evidence of interest in or indebtedness of a 
utility;
    (3) The term issuance or placement of securities means issuance or 
placement of securities, or assumption of obligation or liability; and
    (4) The term State means a State admitted to the Union, the District 
of Columbia, and any organized Territory of the United States.
    (c) Exemptions. (1) If an agency of the State in which the utility 
is organized and operating approves or authorizes, in writing, the 
issuance of securities prior to their issuance, the utility is exempt 
from the provisions of sections 19, 20 and 204 of the Federal Power Act 
and the regulations under this part, with respect to such securities.
    (2) This part does not apply to the issue or renewal of, or 
assumption of liability on, a note or draft maturing one year or less 
after the date of such issue, renewal, or assumption of liability, if 
the aggregate of such note or draft and all other then-outstanding notes 
and drafts of a maturity of one year or less on which the utility is 
primarily or secondarily liable, is not more than 5 percent of the par 
value of the other then-outstanding securities of the utility as of the 
date of issue or renewal of, or assumption of liability

[[Page 240]]

on, the note or draft. In the case of securities having no par value, 
the par value for the purpose of this part is the fair market value, as 
of the date of issue or renewal of, or assumption of liability on, the 
note or draft.
    (3) For certain qualifying facilities. Any cogeneration or small 
power production facility which is exempt from sections 19, 20 and 204 
of the Federal Power Act pursuant to Sec. 292.601 of this chapter shall 
be exempt from the provisions of this part.

[Order 182, 46 FR 50514, Oct. 14, 1981, as amended at 48 FR 9851, Mar. 
9, 1983; Order 575, 60 FR 4852, Jan. 25, 1995]