Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 103 - Merchant Electric Generating Facilities (MEGF) › Section 401 KAR 103:005 - Definitions for 401 KAR Chapter 103

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-285,
				224.43-345,
				278.700 - 278.716
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-285(2) requires the
				Energy and Environment Cabinet to establish monitoring and enforcement
				requirements for the obligation established in
				KRS
				278.710(3) through (5), and (7) through
				(10) and
				224.10-100(30) and
				(31). This administrative regulation defines
				terms that are used in 401 KAR Chapter 103.
Section
			 1. Definitions. Unless otherwise specifically defined in KRS
			 Chapter 224 and Chapter 278, terms in 401 KAR Chapter 103 shall have the
			 meanings given in this section.
(1) "Abandon"
			 or "Abandonment" means the relinquishment of all rights, title, or claim to the
			 merchant electric generating facility.
(2) "Above-ground facility" means any portion
			 of a system or structure located on the surface of the site.
(3) "Annual report" means a yearly document
			 that includes all operational activities in the previous year.
(4) "Applicant" means any person who is
			 seeking the transfer of a construction certificate for ownership or control, or
			 rights and obligations under a construction certificate, of a constructed and
			 generating merchant electric generating facility.
(5) "Cabinet" is defined by
			 KRS
			 224.1-010(8).
(6) "Commence to construct" is defined by
			 KRS
			 278.700(4).
(7) "Components" means:
(a) The solar panel or ancillary equipment of
			 a solar array or solar panel system; or
(b) A constituent part of the solar panel or
			 solar array.
(8)
			 "Construction certificate" means a formal certification approved and issued by
			 the Kentucky State Board on Electric Generation and Transmission Siting (board)
			 that authorizes a person to construct and operate a merchant generating
			 facility.
(9) "Construction
			 certificate holder" means any person who received board approval to construct a
			 merchant electric generating facility pursuant to
			 KRS
			 278.710(1) or any person who
			 received approval to acquire rights and obligations under the construction
			 certificate pursuant to
			 KRS
			 278.710(3)(b).
(10) "Control" is defined by
			 KRS
			 278.010(19).
(11) "Current net salvage value" means, in
			 current US dollars, the:
(a) Value of an
			 asset after the asset has become useless to the owner; or
(b) Amount expected to be obtained if a fixed
			 asset is disposed of at the end of its useful life and pursuant to
			 KRS
			 278.706(2).
(12) "Decommission" means the process of
			 removing components or facilities at the end of the useful life.
(13) "Decommission costs" or "decommissioning
			 costs" means the amount of all costs and expenses incurred in connection with
			 the decommissioning of a merchant electric generating facility pursuant to
			 KRS
			 278.706.
(14) "Decommission plan" or "decommissioning
			 plan" means a plan to retire physical facilities of a merchant electric
			 generating facility, pursuant to
			 KRS
			 278.706.
(15) "Disposal" is defined by
			 KRS
			 224.1-010(9).
(16) "Facility" is defined by
			 KRS
			 278.010(11).
(17) "Hazardous substance" is defined by
			 KRS
			 224.1-400(1)(a).
(18) "Land disposal" is defined by
			 KRS
			 224.1-010(42).
(19) "Landowner" means a person who has legal
			 ownership of land where a merchant electric generating facility is
			 located.
(20) "Megawatt" means a
			 unit of power equal to one (1) million watts, measure of output of electrical
			 power.
(21) "Merchant electric
			 generating facility" is defined by
			 KRS
			 278.700(2).
(22) "Mitigation measures" means an act or
			 requirement established by the siting board pursuant to
			 KRS
			 278.708.
(23) "Modification" means a change in
			 existing order or certificate, necessary to cure an error.
(24) "Monitoring" means the act of
			 systematically inspecting and collecting data on operational parameters or on
			 the quality of a merchant electric generating facility.
(25) "Municipal government" means a city,
			 town, or other local authority with an elected governing body.
(26) "Net present value" means the difference
			 between the present value inflow and outflow over a period of time and pursuant
			 to KRS
			 278.706(2).
(27) "Ordinance" means an official written
			 act of a local government, the effect of which is general and permanent in
			 nature, which is enforceable by the enacting local government as a local law
			 within its jurisdiction.
(28)
			 "Person" is defined by
			 KRS
			 278.700(3).
(29) "Professional engineer" is defined by
			 KRS
			 322.010(3) and licensed
			 pursuant to KRS
			 322.040 to engage in the decommissioning of
			 solar electric generating facilities.
(30) "Recycling" is defined by
			 KRS
			 224.1-010(21).
(31) "Secretary" is defined by
			 KRS
			 224.1-010(23).
(32) "Service" is defined by
			 KRS
			 278.010(13).
(33) "Solar panel" means a panel or device
			 containing photovoltaic cells designed to absorb and convert sunlight into a
			 source of generating electricity.
(34) "Successor" means one who succeeds to
			 the rights to own or control a merchant electric generating facility.
(35) "Useful life" means the estimated length
			 of time that depreciable property will generate income.
(36) "Waste" is defined by
			 KRS
			 224.1-010(30).