No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under section
824d of this title if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms “associate company” and “affiliate” shall have the same meaning as provided in section
16451 of title
42.[1]
No rate or charge received by an exempt wholesale generator for the sale of electric energy shall be lawful under section
824d of this title if, after notice and opportunity for hearing, the Commission finds that such rate or charge results from the receipt of any undue preference or advantage from an electric utility which is an associate company or an affiliate of the exempt wholesale generator. For purposes of this section, the terms “associate company” and “affiliate” shall have the same meaning as provided in section
16451 of title
42.[1]
Section
16451 of title
42, referred to in text, was in the original “section 2(a) of the Public Utility Holding Company Act of 2005” and was translated as reading “section
1262” of that Act, meaning section 1262 of subtitle F of title XII of Pub. L. 109–58, to reflect the probable intent of Congress, because subtitle F of title XII of Pub. L. 109–58does not contain a section
2 andsection 1262 of subtitle F of title XII of Pub. L. 109–58defines terms.
Amendment by Pub. L. 109–58effective 6 months after Aug. 8, 2005, with provisions relating to effect of compliance with certain regulations approved and made effective prior to such date, see section 1274 ofPub. L. 109–58, set out as an Effective Date note under section
16451 of Title
42, The Public Health and Welfare.
State Authorities; Construction
Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 ofPub. L. 102–486, set out as a note under section
796 of this title.
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16 USC
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