[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: 18CFR45.2]

[Page 308-309]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 45_APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS--Table of Contents
 
Sec. 45.2  Positions requiring authorization.

    (a) The positions subject to this part shall include those of any 
person elected or appointed to perform the duties or functions 
ordinarily performed by a president, vice president, secretary, 
treasurer, general manager, comptroller, chief purchasing agent, 
director or partner, or to perform any other similar executive duties or 
functions, in any corporation \1\ within the purview

[[Page 309]]

of section 305(b) of the Act. With respect to positions not herein 
specifically mentioned which applicant holds and which are invested with 
executive authority, applicant shall state in the application the source 
of such executive authority, whether by bylaws, action of the board of 
directors, or otherwise.
---------------------------------------------------------------------------

    \1\ Corporation means any corporation, joint-stock company, 
partnership, association, business trust, organized group of persons, 
whether incorporated or not, or a receiver or receivers, trustee or 
trustees of any of the foregoing. It shall not include municipalities as 
defined in the Federal Power Act (sec. 3, 49 Stat. 838; 16 U.S.C. 796).
---------------------------------------------------------------------------

    (b) Corporations \1\ within the purview of section 305(b) of the Act 
include:
    (1) Any public utility under the Act, which means any person who 
owns or operates facilities for the transmission of electric energy in 
interstate commerce, or any person who owns or operates facilities for 
the sale at wholesale of electric energy in interstate commerce.
    (2) Any bank, trust company, banking association, or firm that is 
authorized by law to underwrite or participate in the marketing of 
public utility securities; this includes any corporation when so 
authorized whether or not same may also be a public utility and/or a 
holding company. (See 12 U.S.C. 378)
    (3) Any company that supplies electrical equipment to a public 
utility in which applicant seeks authorization to hold a position, 
whether the supplying company be a manufacturer, or dealer, or one 
supplying electrical equipment pursuant to a construction, service, 
agency, or other contract.
    (c) Regardless of any action which may have been taken by the 
Commission upon a previous application under section 305(b) of the Act, 
an application for approval under such section is required with 
reference to any position or positions not previously authorized which 
are within the purview of said section.