Title 42The Public Health and WelfareRelease 119-73not60

§16459 Savings Provisions

Title 42 › Chapter 149— NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter XII— ELECTRICITY › Part D— Repeal of Public Utility Holding Company Act of 1935 › § 16459

Last updated Apr 5, 2026|Official source

Summary

Allows a person to keep doing activities or deals they were legally allowed to do on August 8, 2005, as long as they keep following the rules that authorized them. Expiration or termination dates in those authorizations do not by themselves stop that continuation. Does not reduce the Commission’s powers under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.). The tax treatment under section 1081 of title 26 for transactions ordered under the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) stays the same despite repeal of that Act and enactment of the Public Utility Holding Company Act of 2005 (42 U.S.C. 16451 et seq.).

Full Legal Text

Title 42, §16459

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this part, or otherwise in the Public Utility Holding Company Act of 1935, or rules, regulations, or orders thereunder, prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on August 8, 2005, if that person continues to comply with the terms (other than an expiration date or termination date) of any such authorization, whether by rule or by order.
(b)Nothing in this part limits the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.).
(c)Tax treatment under section 1081 11 See References in Text note below. of title 26 as a result of transactions ordered in compliance with the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) shall not be affected in any manner due to the repeal of that Act and the enactment of the Public Utility Holding Company Act of 2005 [42 U.S.C. 16451 et seq.].

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in text, was in the original “this subtitle”, meaning subtitle F (§§ 1261–1277) of title XII of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 972, known as the Public Utility Holding Company Act of 2005, which enacted this part, amended section 824 and 824m of Title 16, Conservation, repealed chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, and section 825q of Title 16, and enacted provisions set out as notes under section 15801 and 16451 of this title. For complete classification of subtitle F to the Code, see

Short Title

note set out under section 15801 of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in subsecs. (a) and (c), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 803, which was classified generally to chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables. The Federal Power Act, referred to in subsec. (b), is act
June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. The Natural Gas Act, referred to in subsec. (b), is act
June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. Section 1081 of title 26, referred to in subsec. (c), was repealed by Pub. L. 109–135, title IV, § 402(a)(1), Dec. 21, 2005, 119 Stat. 2610. The Public Utility Holding Company Act of 2005, referred to in subsec. (c), is subtitle F (§§ 1261–1277) of title XII of Pub. L. 109–58. See note for this part above.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16459

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60