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1 1 (January 7, 1999)

handle is hein.crs/crsahac0001 and id is 1 raw text is: Order Code RS20015
January 7, 1999
CRS Report for Congress
Received through the CRS Web
Electricity Restructuring Background: Public
Utility Holding Company Act of 1935 (PUHCA)
Amy Abel
Specialist in Energy Policy
Environment and Natural Resources Policy Division
Summary
In 1935, the Public Utilities Holding Company Act (PUHCA) was enacted to
eliminate unfair practices and other abuses by electricity and natural gas holding
companies by requiring federal control and regulation of interstate public utility holding
companies. These abuses arose from the inability of individual states to effectively
regulate the financial transactions of multistate and multi-layered utility companies that
evolved in the 1910s and 1920s.
PUHCA remained virtually unchanged for 50 years until the enactment of the
Public Utility Regulatory Policies Act (PURPA). Enactment of PURPA and the Energy
Policy Act of 1992 (EPACT) increased competition in the electric generating sector by
creating new entities that generate and sell electricity at wholesale without being
regulated as utilities under PUHCA. Success of these regulatory entities was made
possible by new technologies, such as gas combined-cycle turbines. As a result of
increasing competition in the industry, some groups are calling for additional PUHCA
reform or repeal. Comprehensive legislation to restructure the electric utility industry,
including PUHCA reform, was introduced in the 105th Congress, and the issue is
expected to continue to be active in the 106th Congress.
This report provides background information on PUHCA, including its history and
impact. It also discusses how PUHCA reform fits into the current electric utility
industry restructuring debate. For related information on electricity restructuring, see
CRS Report RL32728, Electric Utility Regulatory Reform: Issues for the 109th
Congress.
Creation of the Public Utility Holding Company Act of 1935
From the very beginning of the U.S. electric power industry in the late 1800s,
technology, economics, and regulations have defined the structure of the industry. At the
end of the 1800s, transmission was by direct current (DC), involving large copper
conductors. DC power could be transmitted economically only over short distances,
requiring generation to be built close to its load. Introduction of a reliable alternating
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