42 USC § 16454 - Exemption authority

---
identifier: "/us/usc/t42/s16454"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 16454 - Exemption authority"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "16454"
section_name: "Exemption authority"
chapter_number: 149
chapter_name: "NATIONAL ENERGY POLICY AND PROGRAMS"
subchapter_number: "XII"
subchapter_name: "ELECTRICITY"
part_number: "D"
part_name: "Repeal of Public Utility Holding Company Act of 1935"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–58, title XII, § 1266, Aug. 8, 2005, 119 Stat. 975.)"
---


# § 16454. Exemption authority

**(a)** **Rulemaking** Not later than 90 days after the effective date of this part, the Commission shall issue a final rule to exempt from the requirements of section 16452 of this title (relating to Federal access to books and records) any person that is a holding company, solely with respect to one or more—

**(1)** qualifying facilities under the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.);

**(2)** exempt wholesale generators; or

**(3)** foreign utility companies.

**(b)** **Other authority** The Commission shall exempt a person or transaction from the requirements of section 16452 of this title (relating to Federal access to books and records) if, upon application or upon the motion of the Commission—

**(1)** the Commission finds that the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or

**(2)** the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company.

---

**Source Credit**: (Pub. L. 109–58, title XII, § 1266, Aug. 8, 2005, 119 Stat. 975.)

## Editorial Notes

### References in Text

For the effective date of this part, referred to in subsec. (a), see Effective Date note set out under .

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a)(1), is , , . For complete classification of this Act to the Code, see Short Title note set out under , Conservation, and Tables.