---
kind: "section"
citation: "42 U.S.C. § 16453"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16453"
heading: "State access to books and records"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16453"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter XII — Electricity"
  - "Part D"
---

# §16453. State access to books and records

- (a) **In general—** Upon the written request of a [State commission](/usc/42/16451.md?p=15) having jurisdiction to regulate a [public-utility company](/usc/42/16451.md?p=14) in a [holding company system](/usc/42/16451.md?p=9), the [holding company](/usc/42/16451.md?p=8-A) or any [associate company](/usc/42/16451.md?p=2) or [affiliate](/usc/42/16451.md?p=1) thereof, other than such [public-utility company](/usc/42/16451.md?p=14), wherever located, shall produce for inspection books, accounts, memoranda, and other records that—
  - (1) have been identified in reasonable detail in a proceeding before the [State commission](/usc/42/16451.md?p=15);
  - (2) the [State commission](/usc/42/16451.md?p=15) determines are relevant to costs incurred by such [public-utility company](/usc/42/16451.md?p=14); and
  - (3) are necessary for the effective discharge of the responsibilities of the [State commission](/usc/42/16451.md?p=15) with respect to such proceeding.
- (b) **Limitation—** [Subsection (a)](#a) does not apply to any [person](/usc/42/16451.md?p=12) that is a [holding company](/usc/42/16451.md?p=8-A) solely by reason of ownership of one or more qualifying facilities under the [Public Utility](/usc/42/16451.md?p=13) Regulatory Policies Act of 1978 ([16 U.S.C. 2601](/usc/16/2601.md) et seq.).
- (c) **Confidentiality of information—** The production of books, accounts, memoranda, and other records under [subsection (a)](#a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information.
- (d) **Effect on State law—** Nothing in this section shall preempt applicable [State](/usc/42/15951.md?p=b-2) law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any [State](/usc/42/15951.md?p=b-2) to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise.
- (e) **Court jurisdiction—** Any United States district court located in the [State](/usc/42/15951.md?p=b-2) in which the [State commission](/usc/42/16451.md?p=15) referred to in [subsection (a)](#a) is located shall have jurisdiction to enforce compliance with this section.

## Source credit

(Pub. L. 109–58, title XII, § 1265, Aug. 8, 2005, 119 Stat. 975.)

## Notes

### Editorial Notes

### References in Text

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (b), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables.