330-140-0020 Definitions as Used in This Division (1) "Above-market costs of new renewable energy resources" means the portion of the net present value cost of producing power (including fixed and operating costs, delivery, overhead and profit) from a new renewable energy resource that exceeds the market value of an equivalent quantity and distribution (across peak and off-peak periods and seasonality) of power from a nondifferentiated source with the same term of contract. (2) "Attest" means attestation services as defined in ORS 673.010(1). (3) "Certification of Qualifying Expenditure for Cost-effective Energy Efficiency Resources" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed energy efficiency project is eligible under these rules to be claimed as a credit against the amount charged in rates pursuant to ORS 757.054(4) that is owed by the large electricity consumer (4) "Certification of Qualifying Expenditure for New Energy Conservation" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed energy conservation project that was pre-certified prior to January 1, 2022, is eligible to be claimed as a credit against the amount charged in rates pursuant to ORS 757.054(4) owed by the large electricity consumer under these rules. (5) “Certification of Qualifying Expenditure for Investments in Distribution System-Connected Technologies” means a written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed distribution system-connected technologies project is eligible under these rules to be claimed as a credit against public purpose charges owed by the large electricity consumer. (6) "Certification of Qualifying Expenditure for New Renewable Energy Resources" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the contracted cost of new renewable energy resource purchases is eligible under these rules to be claimed as a credit against public purpose charges owed by the large electricity consumer. (7) "Commission" means the Public Utility Commission of Oregon. (8) "Consumer-owned utility" means a municipal electric utility, a people's utility district or an electric cooperative. (9) “Cost-effective energy efficiency” means all available energy efficiency resources that are cost effective, reliable, and feasible. (10) "Direct access" means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the Commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility. (11) "Direct service industrial consumer" means an end-user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility. (12) "Distribution" means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment. (13) “Distribution system-connected technologies” means one of the following two technologies, connected to the distribution grid at the large electricity consumer’s site, and installed for use by the large electricity consumer: (a) a “smart inverter” that is part of a solar generation system and is capable of providing grid support; or (b) a battery energy storage system with a smart inverter and/or integrated controls capable of providing grid support, installed as either stand-alone storage or storage paired with a renewable energy system, and charged by either on-site renewable energy or the electric grid . (14) “Distribution system-connected technologies project cost” means the costs of necessary features of a distribution system-connected technologies project that include but are not limited to capital costs, administrative costs, general expenses, design and engineering, shipping, materials, permits, installation, performance evaluation, and equipment operations training. (15) "Distribution utility" means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer. (16) "Electric cooperative" means an electric cooperative corporation organized under ORS Chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state. (17) "Electric utility" means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state. (18) "Electricity" means electric energy measured in kilowatt-hours, or electric capacity measured in kilowatts, or both. (19) "Electricity services" means electricity distribution, transmission, generation or generation-related services. (20) "Electricity service supplier" or "ESS" means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. "Electricity service supplier" does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator. (21) "Cost-Effective energy efficiency Project" means a capital investment in equipment that reduces the electric energy use or improves electric energy efficiency at a large electricity consumer's site or system at that site which has a simple payback of greater than one year and less than ten years. The simple payback shall be determined by using the eligible capital cost of the project divided by the first-year electric energy cost savings. (22) "Cost-Effective energy efficiency project cost" means the costs of necessary features of a cost-effective energy efficiency project that include but are not limited to capital costs, administrative costs, general expenses, facility energy audits resulting in capital investment in an energy conservation project, design and engineering, shipping, materials, permits, installation, performance evaluation, and equipment operations training. The cost of a new cost-effective energy efficiency project may include large electricity consumer's cost of an energy analysis or study conducted by any public or private party, and any administrative costs paid. (23) "Green Tags" refers to renewable energy certificates or RECs. (24) "Independent certified public accountant" means a certified public accountant recognized by the State of Oregon and independent as defined by the ethics rules implemented under ORS 673.010–673.480. (25) "Large electricity consumer" means a nonresidential consumer that is a retail electricity consumer that has used more than one average megawatt of electricity (8,760,000 kWh/year) at any one site in the prior year. (26) "Municipal electric utility" means an electric distribution utility owned and operated by or on behalf of a city. (27) "New renewable energy resource" means a renewable energy resource project or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that was not in operation on or before January 1, 2000. "New renewable energy resource" does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before January 1, 2000. (28) "Nonresidential consumer" means a retail electricity consumer that is not a residential consumer. (29) "Oregon Department of Energy" means the Oregon Department of Energy, an agency of the State of Oregon, created under Oregon Revised Statute (ORS) 469.030. (30) "One average megawatt" means 8,760,000 kilowatt-hours of electricity per year. (31) "People's utility district" has the meaning given that term in ORS 261.010. (32) "Pre-certification of cost-effective energy efficiency projects" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies that a proposed cost-effective energy efficiency project will be eligible for a certificate of qualified expenditure if it is installed as described in the large electricity consumer's application for pre-certification. (33) “Pre-certification of new investments in distribution system-connected technologies” means written notification from the Oregon Department of Energy to a large electricity consumer certifying that a proposed investment in distribution system-connected technologies will be eligible for a certificate of qualifying expenditure, if installed as described in the large electricity consumer’s application for pre-certification. (34) "Pre-certification of new renewable energy resource purchases" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies that a proposed renewable energy resource purchase will be eligible for a certificate of qualified expenditure, if contracts of commitment to purchase are established as described in the large electricity consumer's application for pre-certification. (35) "Public purpose charge" is an amount equal to three percent of the total revenues billed to large consumers for electricity services, distribution, ancillary services, metering, billing, transition charges and other types of costs that were included in electric rates on or after March 1, 2002 and before January 1, 2022 by electric utilities offering direct access to their large electricity consumers. On or after January 1, 2022 the public purpose charge is an amount equal to one-and-a-half percent of the total revenues billed to large electricity consumers for the same services and costs that are included in electric rates as listed in this section. (36) "Qualifying expenditures" means those expenditures for cost-effective energy efficiency measures or projects that have a simple payback period of not less than one year and not more than 10 years; investments in distribution system-connected technologies; and expenditures for the above-market costs of new renewable energy resources or renewable energy certificates, also referred to as "Green Tags." (37) A Renewable Energy Certificate, also referred to as a REC or "Green Tag," represents one megawatt hour (MWh) of renewable energy generation delivered to the grid. RECs represent the environmental, economic and social attributes of the power produced from renewable energy projects and may be traded independently of transactions for the associated electricity. (38) "Renewable energy resources" means: (a) Electricity-generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues; (b) Dedicated energy crops available on a renewable basis; (c) Landfill gas and digester gas; or (d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999. (39) "Retail electricity consumer" means the end user of electricity for specific purposes such as heating, lighting or operating equipment and includes all end users of electricity served through the distribution system of an electric utility on or after January 1, 2000, whether or not each end user purchases the electricity from the electric utility. Retail electricity consumers include any direct service industrial consumer that purchases electricity without distribution services from the electric utility. (40) "Self-directing consumer" means a large electricity consumer having a positive balance of credits for: (a) qualifying expenditures for new renewable energy resources, renewable energy certificates or "Green Tags," or investments in distribution system-connected technologies, as compared to the amount of public purpose charges owed; or (b) qualifying expenditures for new cost-effective energy efficiency resources or for qualifying expenditures for energy conservation pre-certified before January 1, 2022 and carried forward, as compared to the amounts charged in rates pursuant to ORS 757.054(4). (41) "Site" means: (a) Buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter; or (b) a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, such that: (A) Each building or structure included in the site is no more than 1,000 feet from at least one other building or structure in the site; (B) Each building or structure included in the site, and land containing and connecting buildings and structures in the site, are owned by a single retail electricity consumer who is billed for electricity use at the buildings or structures; and (C) Land shall be considered contiguous even if there is an intervening public or railroad right of way, provided that rights of way land on which municipal infrastructure facilities exist (such as street lighting, sewerage transmission, and roadway controls) shall not be considered contiguous. (42) "Statement of Eligibility" means a written declaration by an authorized officer of a large electricity consumer's firm that it meets the definition of a large electricity consumer under these rules and that it intends to comply with the requirements contained in these rules for self-direction and reporting of public purpose charges and amounts charged in rates pursuant to ORS 757.054(4) for a given site. (43) "System" means any individual process or series of equipment contributing to energy end use in a large electricity consumer's site. A system may include heating, ventilating and air conditioning, domestic hot water, lighting, or a specific industrial process such as air compression, refrigeration, shredding, forging, or other such specific process described by the large electricity consumer. Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 7-2015, f. & cert. ef. 12-23-15 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01