New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 14:3-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used at N.J.A.C. 14:3
				  through 14:10 and 14:29, shall have the following meanings, unless the context
				  clearly indicates otherwise:
"Attempted cyber intrusion" means an unsuccessful attempt to
				  commit a cyber intrusion:
1. By
				actions determined to be intentionally malicious;
2. Directed specifically at a utility
				computer system;
3. Persistent or
				otherwise determined to specifically target a utility computer
				system;
4. If successful, would
				have resulted in a potential misoperation of an industrial control system (ICS)
				or would have resulted in a direct exposure of data protected pursuant to
				N.J.S.A.
				56:8-163; and
5. That is not the result of normal
				operations, unanticipated effects of a change made to a system, failure of a
				component, or other actions that are reasonably understood to be non-malicious
				or unintentional.
"Board" means the Board of Public Utilities of New
				  Jersey.
"Class A water utility" means a public utility that meets the
				  definition of "class A water utility" in the National Association of Regulatory
				  Utility Commissioners' (NARUC) 2007 "Regulations to Govern the Preservation of
				  Records of Electric, Gas and Water Utilities," incorporated herein by
				  reference, as amended or supplemented, available at
http://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records
.
"Corporation stop" means the fitting inserted in the
				  distribution main to which the service pipe is attached. It is used for
				  shutting off the water in case of repairs to the service pipe.
"Curb stop" means the fitting attached to the service pipe at
				  the curb, for turning on and shutting off water in emergencies or for purposes
				  of repair.
"Customer" means a person that is an end user, a customer of
				  record, or both, as these terms are defined in this section.
"Customer of record" means the person that applies for
				  utility service and is identified in the account records of a public utility as
				  the person responsible for payment of the public utility bill. A customer may
				  or may not be an end user, as defined herein.
"Cyber attack" means an attempt to gain unauthorized access
				  by bypassing or defeating the access controls of the computer, network, or
				  system, with the intent to damage, destroy, modify, or otherwise harm a
				  computer, network, or system.
"Cyber breach" means a data breach or cyber attack, confirmed
				  by the utility company, in which sensitive, confidential, or otherwise
				  protected information is accessed, disclosed, or modified in an unauthorized
				  manner.
"Cyber intrusion" means a successful, intentional, malicious
				  bypass, or compromise of one or more security controls of a utility computer
				  system resulting in:
1. A breach or
				degradation of the confidentiality, integrity, or availability of the
				system;
2. An otherwise-authorized
				user exceeding authorized levels of access; or
3. Malicious exposure of data protected
				pursuant to
				N.J.S.A.
				56:8-163.
"Days" means calendar days unless specified otherwise.
"Electric public utility" means a public utility, as defined
				  in this section, that distributes electricity to end users.
"End user" means a person who receives, uses, or consumes
				  electricity, gas, telephone, water or wastewater service. An end user may or
				  may not be a customer of record, as defined in this section.
"Gas public utility" means a public utility, as defined in
				  this section, that distributes gas to end users.
"Licensed medical professional" means a health care provider
				  with prescriptive authority.
"Local infrastructure project" means a project performed by a
				  local unit or a local utility to improve a public road, street, or bridge under
				  the jurisdiction of a local unit or local utility facilities or any work
				  conducted in a public utility right-of-way.
"Local unit" means a county or municipality.
"Local utility" means a sewerage authority created pursuant
				  to the "sewerage authorities law," P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et
				  seq.), a utilities authority created pursuant to the "municipal and county
				  utilities authorities law," P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.), an
				  entity created pursuant to the "Municipal Shared Services Energy Authority
				  Act," P.L.
				  2015, c. 129 (N.J.S.A.
				  40A:66-1 et al.), or a utility of a local unit, authority, commission, special
				  district, or other corporate entity not regulated by the Board of Public
				  Utilities under Title 48 of the Revised Statutes that provides gas,
				  electricity, heat, power, water, or sewer service to a municipality or the
				  residents thereof.
"Normal business hours" means 9:00 A.M. to 5:00 P.M.
				  weekdays, except for days upon which the Board of Public Utilities is closed
				  for business, including, but not limited to, New Jersey State holidays. A list
				  of New Jersey State holidays can be obtained at
https://www.state.nj.us/nj/about/facts/holidays/
.
"Person" means an individual, firm, joint venture,
				  partnership, copartnership, corporation, association, State, county,
				  municipality, public agency or authority, bi-state or interstate agency or
				  authority, public utility, regulated entity, cable television company,
				  cooperation association, or joint stock association, trust, limited liability
				  company, governmental entity, or other legal entity, and includes any trustee,
				  receiver, assignee, or personal representative thereof.
"Public utility" has the meaning ascribed to this term at
				  N.J.S.A.
				  48:2-13.
"Public utility infrastructure project" means the
				  construction, reconstruction, installation, demolition, restoration, or
				  alteration of facilities under ownership or control of the public utility that
				  requires approval by the Board pursuant to
				  N.J.A.C.
				  14:3-2A.1 or
				  14:7-1.4(a), or a
				  water main or sewer main replacement that requires pre-construction approval of
				  the project through a decision and order issued by the Board; but shall not
				  include traffic control, leak surveying, snow plowing, vegetation management in
				  or around public utility rights-of-way, mark outs, landscaping, meter work,
				  equipment repairs, or other work occurring during an emergency, as that term is
				  defined at N.J.S.A. 48:3-17.11, or small blanket-type infrastructure repair or
				  replacement tasks that are repetitive or routine in nature unless they are
				  performed in conjunction with a main replacement.
"Regulated entity" means a person or entity that is subject
				  to the jurisdiction of the Board, or that provides a product or service subject
				  to the jurisdiction of the Board. This term includes a public utility, as
				  defined in this section.
"Regulated service" means a service subject to regulation by
				  the Board.
"Residential customer" means a customer who receives service
				  from a regulated entity for use in a residence.
"Telephone utility" has the meaning assigned to this term in
				  the Board's telephone rules at
				  N.J.A.C.
				  14:10-1.2.
"Unknown accounts" means a utility account where there is no
				  customer of record, yet there is active consumption on the meter.
"Utility computer system" means any combination of hardware,
				  software, and related services, including industrial control systems (ICS) that
				  could affect a New Jersey utility consumer or system that stores information
				  related to New Jersey utility consumers and is protected pursuant to
				  N.J.S.A.
				  56:8-163.
"Wastewater utility" has the meaning assigned to this term
				  in the Board's water and wastewater rules at
				  N.J.A.C.
				  14:9-1.2.
"Water utility" has the meaning assigned to this term in the
				  Board's water and wastewater rules at
				  N.J.A.C.
				  14:9-1.2.