V.I. Code tit. 30, § 46 (2019)
2019 US Virgin Islands Code|Title 30 - Public Service|Chapter 2 - Cogeneration and Small Power Production|§ 46. Definitions

 As used in this chapter, except as otherwise specifically provided: (a) “Cogeneration facility” means a facility which produces: (1) electric energy, and (2) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes. (b) “Commission” means the Public Services Commission of the Virgin Islands. (c) “Electric utility” means the Virgin Islands Water and Power Authority or its successors. (d) “Electric consumer” means any person, corporation, Territorial agency, or Federal agency, to which electric energy is sold, other than for purposes of resale. (e) “Evidentiary hearing” means a proceeding which: (1) is open to the public; (2) includes notice to participants and provides an opportunity to cross-examine witnesses; (3) includes a written decision, based upon evidence appearing in a written record of the proceeding; and (4) is subject to judicial review. (f) “Federal agency” means an executive agency (as defined in section 105 of Title 5 of the United States Code). (g) “Qualifying cogeneration facility” means a cogeneration facility which: (1) the Commission determines meets such requirements (including requirements relative to minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe; and (2) is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities). (h) “Qualifying cogenerator” means the owner or operator of a qualifying cogeneration facility. (i) “Qualifying small power producer” means the owner or operator of a qualifying small power production facility. (j) “Qualifying small power production facility” means a small power production facility: (1) which the Commission determines meets such requirements (including requirements relative to fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe; and (2) which is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities). (k) “Rate” means any price, rate, or charge made or received with respect to the sale of electric energy by an electric utility to an electric consumer. (l) “Ratemaking authority” means authority to fix, modify, approve, or disapprove rates. (m) “Reasonable time” means 20 working days. (n) “Sale” when used with respect to electric energy includes any exchange of electric energy. (o) “Small power production facility” means a facility which: (1) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination thereof; and (2) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 30 megawatts. (p) “Educational small power production facility” means a facility that: (1) produces energy solely through the use of a renewable resource not generally in use by the public utility providing electricity; (2) has a power production capacity that is not greater than 5 megawatts; (3) is constructed and operated by the University of the Virgin Islands, its contractors, or both, upon the University's campuses; (4) is available to the University, its students, staff and the community to demonstrate, promote and to provide research opportunities in the technologies associated with diversified energy resources; and (5) produces power to be purchased and used solely by the University to offset, to the extent practicable, its energy needs and costs. (q) “Airport, Seaport and V.I. Hospitals and Health Facilities 1 Corporation small power production facility” means a facility that: (1) produces energy solely through the use of onsite energy efficient power generation systems; (2) has a power production capacity that is not greater than five megawatts in the St. Thomas/St. John district and five megawatts in the St. Croix district; (3) is constructed and operated by the Port Authority or the V.I. Government Hospitals and Health Facilities Corporation health care facilities, their contractors, or upon property owned or leased by the V.I. Port Authority, or the Government of the Virgin Islands; and produces power for use solely by the V.I. Port Authority, or by the V.I. Hospitals and Health Facilities Corporation health care facilities, respectively, to offset, the extent practicable, their energy needs and costs.