Regulacje rynkowe · 29.12.1994

Intrasystem Service, Sales and Construction Contracts

The Securities and Exchange Commission is requesting comment on proposed amendments under the Public Utility Holding Company Act of 1935, as amended. Under the present rule, service, sales and construction contracts among companies in a registered system must generally be performed for the benefit of associate companies at cost. The proposed amendment would require pricing at market if the market price for comparable services, construction or goods is lower than cost as determined under the Act. The amendment is intended to address consumer protection concerns arising from the decision in Ohio Power Co. v. FERC, 954 F.2d 779 (D.C. Cir.), cert. denied, 113 S. Ct. 483 (1992), that public-utility company subsidiaries of registered holding companies could incur costs in excess of market prices in intrasystem transactions, to the detriment of consumers. The Commission is also proposing related changes in other rules governing intrasystem transactions.