[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: 18CFR358.3]

[Page 864-865]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 358_STANDARDS OF CONDUCT--Table of Contents
 
Sec. 358.3  Definitions.

    (a) Transmission Provider means:
    (1) Any public utility that owns, operates or controls facilities 
used for the transmission of electric energy in interstate commerce; or
    (2) Any interstate natural gas pipeline that transports gas for 
others pursuant to subpart A of part 157 or subparts B or G of part 284 
of this chapter.
    (b) Affiliate means:
    (1) Another person which controls, is controlled by or is under 
common control with, such person, and
    (2) For any exempt wholesale generator, as defined under Section 
32(a) of the Public Utility Holding Company Act of 1935, as amended, the 
same as provided in Section 214 of the Federal Power Act.
    (c) Control (including the terms ``controlling,'' ``controlled by,'' 
and ``under common control with'') as used in this part and Sec. 250.16 
of this chapter, includes, but is not limited to, the possession, 
directly or indirectly and whether acting alone or in conjunction with 
others, of the authority to direct or cause the direction of the 
management or policies of a company. A voting interest of 10 percent or 
more creates a rebuttable presumption of control.
    (d) Energy Affiliate means an affiliate of a Transmission Provider 
that:
    (1) Engages in or is involved in transmission transactions in U.S. 
energy or transmission markets; or
    (2) Manages or controls transmission capacity of a Transmission 
Provider in U.S. energy or transmission markets; or
    (3) Buys, sells, trades or administers natural gas or electric 
energy in U.S. energy or transmission markets; or
    (4) Engages in financial transactions relating to the sale or 
transmission of natural gas or electric energy in U.S. energy or 
transmission markets.

[[Page 865]]

    (5) An Energy Affiliate does not include:
    (i) A foreign affiliate that does not participate in U.S. energy 
markets;
    (ii) An affiliated Transmission Provider;
    (iii) A holding, parent or service company that does not engage in 
energy or natural gas commodity markets or is not involved in 
transmission transactions in U.S. energy markets;
    (iv) An affiliate that purchases natural gas or energy solely for 
its own consumption and does not use an affiliated Transmission Provider 
for transmission of that natural gas or energy.
    (v) A state-regulated local distribution company that does not make 
any off-system sales.
    (e) Marketing, sales or brokering means a sale for resale of natural 
gas or electric energy in interstate commerce. Sales and marketing 
employee or unit includes:
    (1) An interstate natural gas pipeline's sales operating unit, to 
the extent provided in Sec. 284.286 of this chapter, and
    (2) A public utility Transmission Provider's energy sales unit, 
unless such unit engages solely in bundled retail sales.
    (3) Marketing or sales does not include incidental purchases or 
sales of natural gas to operate interstate natural gas pipeline 
transmission facilities.
    (f) Transmission means natural gas transportation, storage, 
exchange, backhaul, or displacement service provided pursuant to subpart 
A of part 157 or subparts B or G of part 284 of this chapter; and 
electric transmission, network or point-to-point service, reliability 
service, ancillary services or other methods of transportation or the 
interconnection with jurisdictional transmission facilities.
    (g) Transmission Customer means any eligible customer, shipper or 
designated agent that can or does execute a transmission service 
agreement or can or does receive transmission service, including all 
persons who have pending requests for transmission service or for 
information regarding transmission.
    (h) Open Access Same-time Information System or OASIS refers to the 
Internet location where a public utility posts the information, by 
electronic means, required by part 37 of this chapter.
    (i) Internet Web site refers to the Internet location where an 
interstate natural gas pipeline posts the information, by electronic 
means, required by Sec. Sec. 284.12 and 284.13 of this chapter.
    (j) Transmission Function employee means an employee, contractor, 
consultant or agent of a Transmission Provider who conducts transmission 
system operations or reliability functions, including, but not limited 
to, those who are engaged in day-to-day duties and responsibilities for 
planning, directing, organizing or carrying out transmission-related 
operations.