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Filing Guidelines Pursuant to the PUHCA of 2005
Companies (18 C.F.R. § 366.7)
An exempt wholesale generator or a foreign utility company, or their representative, may file with the Commission a notice of self-certification demonstrating that it satisfies the definition of exempt wholesale generator or foreign utility company. No filing fee is required for a notice of self-certification.
In the case of exempt wholesale generators, the person filing a notice of self-certification under this section must also represent in its filing that it has provided a copy of the notice to the state regulatory authority of the state in which the facility is located, and must further represent in its filing, to the extent necessary, that the state commission has made the "specific determination" provided in section 32(c) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z-5a(c)).
In the case of foreign utility companies, the person filing a notice of self-certification under this section must represent in its filing that the relevant state commissions have certified that they had the authority and resources to protect ratepayers of public utility companies associated or affiliated with the foreign utility company.
Because notices of these filings will be published in the Federal Register, both exempt wholesale generators and foreign utility companies must include in their submission a separate file containing a form of notice suitable for publication in the Federal Register.
These filings should be submitted using the Commission's eFiling system, provided that the entire content of the filing is in the public domain. Do not include filings under any other section with these filings. The document you submit should include EG06-___-000 or FC06-___-000, as applicable, in the caption or heading of the document, for filings made on or before September 30, 2006.
During the eFiling submission process:
- Select the filing type "Qualifying Facility Notice of Self Certification." (At a later date, this filing type will be changed to Notice of Self-Certification for QF's, EG's, and FC's.").
- Before you browse, select, and attach the file, make sure that the file names are less than 25 characters and contain no spaces or special characters.
- On the Submission Description screen, edit the description by replacing "Qualifying Facility Notice of Self Certification" with either (a) "Exempt Wholesale Generator Notice of Self Certification" or (b) "Foreign Utility Company Notice of Self Certification", as applicable.
If you are unable to file electronically, you must submit an original and 14 paper copies of the filing to:
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Kimberly D. Bose, Secretary
Nathaniel J. Davis, Sr., Deputy Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
You must include a form of notice of the "EG" or "FC" filing suitable for publication in the Federal Register on a 3½" diskette.
Please be advised that the United States Postal Service scans all documents addressed to the Commission with a heat-treatment process that may corrupt diskettes and render filings unusable. Please use express mail or courier delivery services.
