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PUHCA

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AcronymDefinition
PUHCAPublic Utility Holding Company Act


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The Energy Policy Act of 2005 (EPAct) repealed PUHCA 1935, removing some limitations on the companies that could merge with or invest in utilities, and leaving the Federal Energy Regulatory Commission (FERC), which already regulated utilities, with primary federal responsibility for regulating them.
The Court had occasion to address this point because, in the Solicitor General's brief on behalf of the SEC, the government attempted to recast the SEC's order, arguing that the agency had adopted the prohibition on the sales "[i]n exercising its duty" under PUHCA to determine whether the proposed reorganization plans were "detrimental to the public interest or the interests of investors or consumers" and whether they were "fair and equitable.
Regarding non-utility businesses, PUHCA gave the SEC power to limited utilities "to such other businesses as are reasonably incidental, or economically necessary or appropriate," to the operations of the utility.
 
 
 
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