Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 3 - Filing and Reporting Requirements › Section 20 CSR 4240-3.100 - Definitions Pertaining Specifically to Electric Utility Rules

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the definitions of
				  certain terms used in rules
				  4 CSR
				  240-3.105 through 4 CSR-3.190, which are in addition
				  to the definitions set forth in rule
				  4 CSR
				  240-3.010 of this chapter.
(1) Affiliate means any person who, directly
				or indirectly, controls or is controlled by or is under common control with an
				electric utility.
(2) Appliance or
				equipment means any device which consumes electric energy and any ancillary
				device required for its operation.
(3) Avoided costs means the incremental costs
				to an electric utility of electric energy or capacity or both which, but for
				the purchase from the qualifying facility or qualifying facilities, that
				utility would generate itself or purchase from another source.
(4) Consideration shall be interpreted in its
				broadest sense and shall include any cash, donation, gift, allowance, rebate,
				discount, bonus, merchandise (new or used), property (real or personal), labor,
				service, conveyance, commitment, right or other thing of value.
(5) Control (including the terms
				"controlling," "controlled by," and "common control") means the possession,
				directly or indirectly, of the power to direct, or to cause the direction of
				the management or policies of an entity, whether such power is exercised
				through one (1) or more intermediary entities, or alone, or in conjunction
				with, or pursuant to an agreement with, one (1) or more other entities, whether
				such power is exercised through a majority or minority ownership or voting of
				securities, common directors, officers or stockholders, voting trusts, holding
				trusts, affiliated entities, contract or any other direct or indirect means.
				The commission shall presume that the beneficial ownership of ten percent (10%)
				or more of voting securities or partnership interest of an entity constitutes
				control for purposes of this rule. This provision, however, shall not be
				construed to prohibit a regulated electrical corporation from rebutting the
				presumption that its ownership interest in an entity confers control.
(6) Cost-effective means that the present
				value of life-cycle benefits is greater than the present value of life-cycle
				costs to the provider of an energy service.
(7) Decommissioning means those activities
				undertaken in connection with a nuclear generating unit's retirement from
				service to ensure that the final removal, disposal, entombment or other
				disposition of the unit and of any radioactive components and materials
				associated with the unit, are accomplished in compliance with all applicable
				laws, and to ensure that the final disposition does not pose any undue threat
				to the public health and safety. Decommissioning includes the removal and
				disposal of the structures, systems and components of a nuclear generating unit
				at the time of decommissioning.
(8)
				Decommissioning costs means all reasonable costs and expenses incurred in
				connection with decommissioning, including all expenses to be incurred in
				connection with the preparation for decommissioning, including, but not limited
				to, engineering and other planning expenses; and to be incurred after the
				actual decommissioning occurs, including, but not limited to, physical security
				and radiation monitoring expenses, less proceeds of insurance, salvage or
				resale of machinery, construction equipment or apparatus the cost of which was
				charged as a decommissioning expense.
(9) Demand-side resource means any
				inefficient energy-related choice that can be influenced cost-effectively by a
				utility. The meaning of this term shall not be construed to include
				load-building program.
(10) Energy
				service means the need that is served or the benefit that is derived by the
				ultimate consumer's use of energy.
(11) Inefficient energy-related choice means
				any decision that causes the life-cycle cost of providing an energy service to
				be higher than it would be for an available alternative choice.
(12) Load-building program means an organized
				promotional effort by a utility to persuade energy-related decision makers to
				choose the form of energy supplied by that utility instead of other forms of
				energy for the provision of energy service or to persuade customers to increase
				their use of that utility's form of energy, either by substituting it for other
				forms of energy or by increasing the level or variety of energy services used.
				This term is not intended to include the provision of technical or engineering
				assistance, information about filed rates and tariffs or other forms of routine
				customer service.
(13) Promotional
				practices means any consideration offered or granted by an electric utility or
				its affiliate to any person for the purpose, express or implied, of inducing
				the person to select and use the service or use additional service of the
				utility or to select or install any appliance or equipment designed to use the
				utility service, or for the purpose of influencing the person's choice or
				specification of the efficiency characteristics of appliances, equipment,
				buildings, utilization patterns or operating procedures. The term promotional
				practices shall not include the following activities:
(A) Making any emergency repairs to
				appliances or equipment of customers;
(B) Providing appliances or equipment
				incidental to demonstrations of sixty (60) days or less in duration;
(C) Providing light bulbs, street or outdoor
				lighting service, wiring, service pipe or other service equipment or
				appliances, in accordance with tariffs filed with and approved by the
				commission;
(D) Providing
				appliances or equipment to an educational institution for the purpose of
				instructing students in the use of the appliances or equipment;
(E) Merchandising appliances or equipment at
				retail and, in connection therewith, the holding of inventories, making and
				fulfillment of reasonable warranties against defects in material and
				workmanship existing at the time of delivery and financing; provided that the
				merchandising shall not violate any prohibition contained in
				4 CSR
				240-14.020;
(F) Inspecting and adjusting of appliances or
				equipment by an electric utility;
(G) Repairing and other maintenance to
				appliances or equipment by an electric utility if charges are at cost or
				above;
(H) Providing free or
				below-cost energy audits or other information or analysis regarding the
				feasibility and cost-effectiveness of improvements in the efficiency
				characteristics of appliances, equipment, buildings, utilization patterns or
				operating procedures;
(I) Offering
				to present or prospective customers by an electric utility technical or
				engineering assistance; and
(J)
				Advertising or publicity by an electric utility which is under its name and on
				its behalf and which does not in any manner, directly or indirectly, identify,
				describe, refer to, mention or relate to any architect, builder, engineer,
				subdivider, developer or other similar person, or which mentions no less than
				three (3) existing projects, developments or subdivisions.