Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter XVII - Rural Utilities Service, Department of Agriculture |
Part 1717 - Post-Loan Policies and Procedures Common to Insured and Guaranteed Electric Loans |
Subpart H - Federal Pre-emption in Rate Making in Connection With RUS Electric Borrowers in Bankruptcy |
§ 1717.354 - Pre-emption.
Latest version.
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§ 1717.354 Pre-emption.
State Regulatory Authority jurisdiction over an RUS borrower's rates shall be pre-empted by the RE Act and RUS shall have exclusive jurisdiction over the borrower's rates:
(a) On October 19, 1990, with respect to any borrower by or against whom a case under the Bankruptcy Code of 1978, as amended, was commenced prior to and remains outstanding on October 19, 1990; and
(b) With respect to all other borrowers, upon the filing of a petition by or against the borrower commencing a case under the Bankruptcy Code of 1978, as amended.