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Frequently Asked Questions (FAQs)

Exempt Wholesale Generators (EWG)


1. Is there a requirement to become an EWG?

No. EWG status is not mandatory. However, if a wholesale generator is not an EWG, the absence of EWG status may affect the obligations of a holding company that owns an interest in the generator.

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2. What is an EWG exempt from?

EWGs are exempt from all requirements of Part 366 of the Commission’s regulations (which pertain to PUHCA 2005), other than 18 C.F.R. § 366.7. Leaving FERC EWG status only affects obligations under PUHCA 2005, and EWGs thus remain subject to all applicable obligations under the Federal Power Act.  In addition, Part 366 establishes exemptions from certain requirements of PUHCA 2005 for holding companies that only own EWGs and certain other exempt entities.  See 18 C.F.R. § 366.3(a). Leaving FERC

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3. How does a company become an EWG?

A company wishing to establish its status as an EWG may either submit a notice of self-certification of EWG status or it may file a petition for a Commission declaratory order finding the company to be an EWG.

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4. What should be included in a notice of self-certification of EWG status?

A brief description of the company. Detailed descriptions of company upstream ownership structures are not required.

Contact information for the filing entity (including a current phone number).

A brief description of the filing entity’s generation facility, including its location.

Representations establishing that the filing entity satisfies the definition of an EWG set forth at 18 C.F.R. § 366.1. An example of these representations can be found in the sample notice of self-certification DOC

If the filing entity will engage in incidental activities that the Commission has not previously found to be consistent with EWG status, the filing entity should provide an explanation of why these activities should be found to be consistent with EWG status.

A representation that a copy of the notice of self-certification has been filed with the utility commission of the state where the filing entity’s generation facility is located.

See more information on notices of self-certification and their contents .

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5. What continuing requirements does an EWG have after it has been certified as an EWG?

After being certified as an EWG, the company must continue to operate consistently with the representations it made in its notice of self-certification. If there are any material changes in fact that may affect the company’s status as an EWG, the company is require to submit to the Commission a notice of material change in facts within 30 days of the change. See 18 C.F.R. § 366.7(c). Leaving FERC

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6. Can a company file for EWG status if it is currently developing or has not yet acquired a generation facility?

Yes; however, because the company will be deemed to have temporary EWG status from the time that the notice of EWG status is filed, the company must restrict its activities to those that are consistent with EWG status. The Commission has found activities necessary or appropriate for purposes of eligible facility development or acquisition are consistent with EWG status.

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7. Can EWG status be revoked?

The Commission may, on its own motion or on the complaint of any person, revoke the status of a facility or a company if it fails to conform to any of the criteria under Part 366 of the Commission’s regulations for such status.

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8. What should a company do if it no longer wishes to be an EWG?

A company that chooses to relinquish its EWG status should submit to the Commission a notice of material change in fact explaining that it will no longer be an EWG.

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