North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-01 - Definitions

Current through Supplement No. 393, July, 2024
As used throughout this chapter, except where otherwise
				  indicated:
1. "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, such utility would generate
				  itself or purchase from another source.
2. "Backup power" means electric energy or capacity supplied
				  by an electric utility to replace energy ordinarily generated by a facility's
				  own generation equipment during an unscheduled outage of the facility.
3. "Biomass" means any organic material not derived from
				  fossil fuels.
4. "Bottoming-cycle cogeneration facility" means a
				  cogeneration facility in which the energy input to the system is first applied
				  to a useful thermal energy process, and the reject heat emerging from the
				  process is then used for power production.
5. "Cogeneration facility" means equipment used to produce
				  electric energy and forms of useful thermal energy, such as heat or steam, used
				  for industrial, commercial, heating, or cooling purposes, through the
				  sequential use of energy.
6. "Commission" means the public service commission, or such
				  other department, bureau, or commission as may lawfully succeed to the powers
				  and duties of that commission.
7. "Electric utility" means an "electric public utility" as
				  defined in subsection 1 of North Dakota Century Code section
				  49-03-01.5.
8. "Interconnection costs" means the reasonable costs of
				  connection, switching, metering, transmission, distribution, safety provisions
				  and administrative costs incurred by the electric utility directly related to
				  the installation and maintenance of the physical facilities necessary to permit
				  interconnected operations with a qualifying facility, to the extent such costs
				  are in excess of the corresponding costs which the electric utility would have
				  incurred if it had not engaged in interconnected operations, but instead
				  generated an equivalent amount of electric energy itself or purchased an
				  equivalent amount of electric energy or capacity from other sources.
				  Interconnection costs do not include any costs included in the calculation of
				  avoided costs.
9. "Interruptible power" means electric energy or capacity
				  supplied by an electric utility subject to interruption by the electric utility
				  under specified conditions.
10. "Maintenance power" means electric energy or capacity
				  supplied by an electric utility during the scheduled outages of the qualifying
				  facility.
11. "Natural gas" means either natural gas unmixed, or any
				  mixture of natural gas and artificial gas.
12. "Oil" means crude oil, residual fuel oil, natural gas
				  liquids, or any refined petroleum products.
13. "Primary energy source" means the fuel or fuels used for
				  the generation of electric energy, except that such term does not include the
				  minimum amounts of fuel required for ignition, startup, testing, flame
				  stabilization, and control uses, and the minimum amounts of fuel required to
				  alleviate or prevent unanticipated equipment outages, and emergencies, directly
				  affecting the public health, safety or welfare, which would result from
				  electric power outages.
14. "Purchase" means the purchase of electric energy or
				  capacity or both from a qualifying facility by an electric utility.
15. "Qualifying cogeneration facility" means a cogeneration
				  facility that is a qualifying facility under subsection 2 of section
				  69-09-07-03.
16. "Qualifying cogenerator" means the owner or operation of
				  a qualifying cogeneration facility.
17. "Qualifying facility" means a cogeneration facility or a
				  small power production facility which is a qualifying facility under section
				  69-09-07-03.
18. "Qualifying small power producer" means the owner or
				  operator of a qualifying small power production facility.
19. "Qualifying small power production facility" means a
				  small power production facility that is a qualifying facility under subsection
				  1 of section
				  69-09-07-03.
20. "Rate" means any price, rate, charge, or classification
				  made, demanded, observed, or received with respect to the sale or purchase of
				  electric energy or capacity, or any rule, regulation, or practice respecting
				  any such rate, charge, or classification, and any contract pertaining to the
				  sale or purchase of electric energy or capacity.
21. "Sale" means the sale of electric energy or capacity or
				  both by an electric utility to a qualifying facility.
22. "Small power production facility" means a facility which
				  produces electric energy solely by the use, as a primary energy source, of
				  biomass, waste, renewable resources, or any combination thereof, and has a
				  power production capacity which, together with any other facilities located at
				  the same site, is not greater than eighty megawatts.
23. "Supplementary firing" means an energy input to the
				  cogeneration facility used only in the thermal process of a topping-cycle
				  cogeneration facility, or only in the electric generating process of a
				  bottoming-cycle cogeneration facility.
24. "Supplementary power" means electric energy or capacity
				  supplied by an electric utility, regularly used by a qualifying facility in
				  addition to that which the facility generates itself.
25. "System emergency" means a condition on a utility's
				  system which is likely to result in imminent significant disruption of service
				  to customers or is imminently likely to endanger life or property.
26. "Topping-cycle cogeneration facility" means a
				  cogeneration facility in which the energy input to the facility is first used
				  to produce useful power output, and the reject heat from power production is
				  then used to provide useful thermal energy.
27. "Total energy input" means the total energy of all forms
				  supplied from external sources other than supplementary firings to the
				  facilities.
28. "Total energy output" of a topping-cycle cogeneration
				  facility is the sum of the useful power output and useful thermal energy
				  output.
29. "Useful power output" of a cogeneration facility means
				  the electric or mechanical energy made available for use, exclusive of any such
				  energy used in the power production process.
30. "Useful thermal energy output" of a topping-cycle
				  cogeneration facility means the thermal energy made available for use in any
				  industrial or commercial process, or used in any heating or cooling
				  application.
31. "Waste" means byproduct materials other than biomass.
General Authority: NDCC
					 49-02-02
Law Implemented: NDCC
					 49-02-02