NY Pub Serv L § 2 (2021)
2021 New York Laws PBS - Public Service Article 1 - The Department of Public Service 2 - Definitions.

§ 2. Definitions.  1. The term "department" when used in this chapter,   means the department of public service, and the term "commission," means   the public service commission.2. The term "commissioner," when used in this chapter,  means  one  of   the members of the public service commission.2-a.  The  term  "co-generation  facility", when used in this chapter,   includes any facility with an electric  generating  capacity  of  up  to   eighty megawatts, and including any facility with an electric generating   capacity of up to one hundred twenty megawatts located at a project site   within  an  air  terminal operated by the port authority of New York and   New Jersey and wholly contained within a city having a population of one   million or more, which produces electricity and  useful  thermal  energy   solely  for  sale  to the port authority of New York and New Jersey, for   use at the airport, for sale to an electric utility, and/or for sale  to   the  power authority of the state of New York, together with any related   facilities located at the same project site, which is  fueled  by  coal,   gas,  wood,  alcohol,  solid waste refuse-derived fuel, water or oil, to   the extent any such oil fueled facility was fueled by oil prior  to  the   effective  date  of  this  subdivision  and  there is no increase in the   amount of oil used at the facility or to the extent oil  is  used  as  a   backup  fuel for such facility, and which simultaneously or sequentially   produces either electricity  or  shaft  horsepower  and  useful  thermal   energy which is used solely for industrial and/or commercial purposes.2-b.  The  term  "alternate  energy production facility," when used in   this chapter, includes any solar, wind turbine, fuel cell,  tidal,  wave   energy,  waste  management  resource recovery, refuse-derived fuel, wood   burning facility, or energy storage  device  utilizing  batteries,  flow   batteries,  flywheels  or  compressed  air,  together  with  any related   facilities located at the same project site, with an electric generating   capacity of up to eighty megawatts, which produces electricity,  gas  or   useful thermal energy.2-c.  The  term  "small  hydro  facility",  when used in this chapter,   includes  any  hydroelectric  facility,  together   with   any   related   facilities located at the same project site, with an electric generating   capacity of up to eighty megawatts.2-d.  The term "related facilities" shall mean any land, work, system,   building, improvement, instrumentality or thing necessary or  convenient   to  the  construction,  completion  or  operation  of any co-generation,   alternate energy production or small hydro  facility  and  include  also   such  transmission  or  distribution  facilities  as may be necessary to   conduct electricity, gas or useful thermal energy to users located at or   near a project site.3. The term "corporation," when  used  in  this  chapter,  includes  a   corporation, company, association and joint-stock association other than   a   corporation,   company,   association  or  joint  stock  association   generating electricity, shaft horsepower, useful thermal energy  or  gas   solely  from  one or more co-generation, small hydro or alternate energy   production facilities or  distributing  electricity,  shaft  horsepower,   useful  thermal energy or gas solely from one or more of such facilities   to users located at or near a project site.4.  The  word  "person,"  when  used  in  this  chapter,  includes  an   individual,  firm  or  co-partnership  other than an individual, firm or   co-partnership generating electricity, shaft horsepower, useful  thermal   energy  or  gas  solely  from  one or more co-generation, small hydro or   alternate energy  production  facilities  or  distributing  electricity,   shaft  horsepower,  useful thermal energy or gas solely from one or more   of such facilities to users located at or near a project site; provided,   however, that  an  individual,  firm  or  co-partnership  generating  or    distributing  electricity  or gas solely from one or more co-generation,   small hydro or alternate energy production facilities shall nevertheless   be considered a person for purposes  of  commission  jurisdiction  under   article seven of this chapter.10. The term "gas plant," when used in this chapter, includes all real   estate,  fixtures  and  personal property operated, owned, used or to be   used for or  in  connection  with  or  to  facilitate  the  manufacture,   conveying,  transportation,  distribution,  sale  or  furnishing  of gas   (natural or manufactured or mixture of both) for light, heat  or  power,   but  does not include property used solely for or in connection with the   business of selling, distributing  or  furnishing  of  gas  in  enclosed   containers.11.  The  term  "gas corporation," when used in this chapter, includes   every  corporation,  company,  association,   joint-stock   association,   partnership  and  person, their lessees, trustees or receivers appointed   by any court whatsoever, owning, operating or managing any gas plant (a)   except where gas is made or produced and distributed by the maker on  or   through  private  property  solely  for  its  own  use or the use of its   tenants and not for sale to others, (b) except where compressed  natural   gas  is sold, distributed or furnished solely as a fuel for use in motor   vehicles, (c) except where manufactured gas is sold by the producer only   for use or resale by a gas corporation and such gas of the producer  and   any affiliated producers does not exceed in any one year thirty per cent   of the total gas sold by any purchaser thereof in the area in which such   manufactured  gas is resold either as manufactured gas or as a component   of mixed gas, and (d) except where gas is made or produced  solely  from   one or more alternate energy production facilities or distributed solely   from  one  or  more  of  such  facilities  to users located at or near a   project site; provided, however, that any producer not  included  within   the meaning of "gas corporation" by reason of exception (c) or (d) shall   nevertheless  be  considered  a  gas  corporation  for  the  purposes of   commission jurisdiction relating to  the  safety  of  the  construction,   operation, or maintenance of plants manufacturing pipeline quality gas.12. The term "electric plant," when used in this chapter, includes all   real  estate, fixtures and personal property operated, owned, used or to   be used for or in connection  with  or  to  facilitate  the  generation,   transmission, distribution, sale or furnishing of electricity for light,   heat  or  power;  and  any  conduits, ducts or other devices, materials,   apparatus or property for containing,  holding  or  carrying  conductors   used  or  to be used for the transmission of electricity for light, heat   or power, and also includes retired nuclear  power  reactors  and  their   associated  systems, structures, fuel and waste storage facilities, real   estate, fixtures and personal property.13. The term  "electric  corporation,"  when  used  in  this  chapter,   includes    every   corporation,   company,   association,   joint-stock   association,  partnership  and  person,  their  lessees,   trustees   or   receivers  appointed  by  any court whatsoever (other than a railroad or   street railroad corporation generating electricity solely  for  railroad   or  street  railroad  purposes or for the use of its tenants and not for   sale to others) owning, operating or managing any electric plant  except   where  electricity is generated or distributed by the producer solely on   or through private property for railroad or street railroad purposes  or   for its own use or the use of its tenants and not for sale to others; or   except where electricity is generated by the producer solely from one or   more   co-generation,   small   hydro  or  alternate  energy  production   facilities or distributed solely from one or more of such facilities  to   users located at or near a project site. 14.  The term "combination gas and electric corporation," when used in   sections  twenty-five-a,  sixty-five  and  sixty-six  of  this  chapter,   includes  any  gas  corporation  operating  in  New  York  under  common   ownership with an electric corporation operating  in  New  York  or  any   electric corporation operating in New York under common ownership with a   gas  corporation  operating in New York, or any successor of either such   corporation;  provided,  however,  that  such  term  shall  not  include   municipally-owned  utilities,  and  shall  not  include  any  generating   facilities owned or operated by either such corporation  or  any  common   owner thereof, or any subsidiary of such common owner.16.  The  term  "municipality",  when used in this chapter, includes a   city, village, town or lighting district, organized  as  provided  by  a   general  or special act, provided, however, that the counties of Nassau,   Rockland, Suffolk and Westchester shall each be deemed a  "municipality"   and  consents  issued by each such county pursuant to the transportation   corporations law and the county government law of Nassau  county,  local   law  adopted  by  the county legislature of Rockland county, the Suffolk   county charter and the Westchester county charter respectively shall  be   deemed "consents of local authorities" for the purpose of applying every   provision  of  this chapter applicable to consents of local authorities;   and provided further that no county, city,  village,  town  or  lighting   district   shall   be   deemed   a  municipality  with  respect  to  any   co-generation, small hydro or alternate energy production facility owned   by one of the above from which electricity, useful thermal energy or gas   is generated or produced  or  distributed  from  one  or  more  of  such   facilities to users located at or near a project site.17.  The  term  "telephone  corporation,"  when  used in this chapter,   includes   every   corporation,   company,   association,    joint-stock   association,   partnership   and  person,  their  lessees,  trustees  or   receivers appointed  by  any  court  whatsoever,  owning,  operating  or   managing  any  telephone  line  or  part  of  telephone line used in the   conduct of the business of affording telephonic communication for  hire;   excepting,  however,  any corporation, company, association, joint-stock   association,  partnership  or  person,  their   lessees,   trustees   or   receivers,  who  or  which  do  not  operate  the  business of affording   telephonic communication for profit.18. The term "telephone line," when used  in  this  chapter,  includes   conduits,   ducts,   poles,   wires,   cables,   cross-arms,  receivers,   transmitters, instruments, machines, appliances and  all  devices,  real   estate,  easements,  apparatus,  property  and  routes used, operated or   owned by  any  telephone  corporation  to  facilitate  the  business  of   affording  telephonic  communication up to and including the demarcation   point located on a subscriber's premises.19. The term "telegraph  corporation,"  when  used  in  this  chapter,   includes    every   corporation,   company,   association,   joint-stock   association,  partnership  and  person,  their  lessees,   trustees   or   receivers,  appointed  by  any  court  whatsoever,  owning, operating or   managing any telegraph line or  part  of  telegraph  line  used  in  the   conduct   of  the  business  of  affording  for  hire  communication  by   telegraph.20. The term "telegraph line," when used  in  this  chapter,  includes   conduits,   ducts,   poles,   wires,  cables,  cross-arms,  instruments,   machines, appliances and all devices, real estate, easements, apparatus,   property and routes used, operated or owned by any telegraph corporation   to facilitate the business of affording communication by telegraph.21. The term "steam plant," when used in this  chapter,  includes  all   real  estate, fixtures and personal property operated, owned, used or to   be used for or in connection  with  or  to  facilitate  the  generation,    transmission,  distribution,  sale  or  furnishing  of steam for heat or   power.22.  The term "steam corporation," when used in this chapter, includes   every  corporation,  company,  association,  joint  stock   association,   partnership  and  person, their lessees, trustees or receivers appointed   by any court whatsoever owning, operating or managing any  steam  plant,   (a) except where steam is made or produced and distributed by the maker,   on or through private property solely for the maker's own use or the use   of the maker's tenant and not for sale to others, (b) except where steam   is  made  or produced by the maker solely from one or more co-generation   or alternate energy production facilities or distributed soley from  one   or more of such facilities to users located at or near a project site or   (c)  except  where  steam is made or produced and distributed solely for   the use of its members by a non-profit cooperative corporation organized   under the cooperative corporations law.22-a. The term "telecommuting", when used in this chapter, shall  mean   the  conservation of energy through the reduction of travel by employees   of the department to and from their designated workplace through the use   of telecommunication and computer technology in tasks including, but not   limited to, information transfer and processing.23. The term "utility company" or "public utility company" is used  to   avoid  repetitions  in  a  provision  applying to one or more persons or   corporations operating an agency or agencies for public service, and who   or which  is  or  are  subject  to  the  jurisdiction,  supervision  and   regulations  prescribed  by  or  pursuant  to provisions of this chapter   other than article 11; such term being so used only as  a  general  term   descriptive of such a person or corporation.24.  The term "utility corporation" or "public utility corporation" is   an incorporated utility company.25. The term "stock yard," when used in  this  chapter,  includes  all   real estate, fixtures and personal property owned, used or to be used in   connection with the business of affording facilities for the shipment of   live  stock  and for the care thereof for such purpose prior to the time   that transportation begins; and the term "stock yard  company"  includes   every corporation, association, joint stock association, partnership and   person,  their  lessees,  trustees  or  receivers appointed by any court   whatsoever, operating or managing a stock yard.26. The term "water system" when used in  this  chapter  includes  all   real  estate, attachments, fixtures, impounded water, water-works, water   plant, water rights and personal property, and all property either real,   personal or mixed, owned, operated,  used  or  to  be  used  for  or  in   connection with or to facilitate the distribution, sale or furnishing of   water  for  domestic,  commercial  or  public uses, but does not include   property used solely for or in connection with the business of  bottling   or selling, distributing or furnishing bottled water.27.  The  term  "water-works  corporation",  when used in this chapter   includes  every   corporation,   company,   association,   joint   stock   association,   partnership   and  person,  their  lessees,  trustees  or   receivers, appointed by  any  court  whatsoever,  owning,  operating  or   managing   any  water  plant  or  water-works,  except  where  water  is   distributed solely on or through private property solely for the use  of   the distributor or its tenants and not for sale to others.