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 4240-3.200 - Definitions Pertaining Specifically to Gas 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
				  240-3.205 through
				  4 CSR
				  240-3.295, 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 a gas utility.
(2) Appliance or equipment means any device
				which consumes gas energy and any ancillary device required for its
				operation.
(3) 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.
(4) 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 gas
				corporation from rebutting the presumption that its ownership interest in an
				entity confers control.
(5)
				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.
(6) 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.
(7) Designated commission personnel means the
				commission's Pipeline Safety Program Manager at the address contained in
				4 CSR
				240-40.020(5) for written reports and
				the list of staff personnel supplied to the operators for telephonic notices,
				both as are required by
				4 CSR
				240-40.020.
(8) Gas means natural gas, flammable gas,
				manufactured gas or gas which is toxic or corrosive.
(9) Gas seller means any person who uses,
				leases, or controls the distribution system of a distributor or a political
				subdivision or any part thereof to sell energy services at retail within a
				political subdivision, other than a distributor or a political
				subdivision.
(10) 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.
(11)
				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.
(12) Operator means a person who engages in
				the transportation of gas.
(13)
				Pipeline or pipeline system means all parts of those physical facilities
				through which gas moves in transportation including, but not limited to, pipe,
				valves and other appurtenances attached to pipe, compressor units, metering
				stations, regulator stations, delivery stations, holders and fabricated
				assemblies.
(14) Pipeline facility
				means new and existing pipeline, rights-of-way and any equipment, facility or
				building used in the transportation of gas or in the treatment of gas during
				the course of transportation.
(15)
				Promotional practices means any consideration offered or granted by a gas
				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 a gas utility;
(G)
				Repairing and other maintenance to appliances or equipment by a gas 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 a gas utility technical or engineering assistance; and
(J) Advertising or publicity by a gas 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.