Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 40 - Standard Terms of Purchases from Purchasers of 300 KW OR LESS › Subchapter 1 - General Provisions › Section 165:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Cogenerator"
means a producer qualified under
				  Section 201 of the Public Utility Regulatory Policies Act of 1978 as a
				  cogeneration facility. A facility's power production capacity:
(A) Must be used to produce both electrical
				and useful thermal energy for industrial commercial, heating or cooling
				purposes, through the sequential use of energy.
(B) Must meet the applicable standards as to
				fuel use and efficiencies.
(C)
				Shall be qualified by FERC.
"Commission"
means the Oklahoma Corporation
				  Commission.
"Consumer"
means any person, firm, corporation,
				  municipality, or agency or any political subdivision of the United States or
				  the State of Oklahoma receiving electric service of any nature from the
				  cooperative/utility. (Where or when it becomes necessary to designate the
				  particular party who is the consumer/producer for any reason, the person who
				  contracts for electric service or in whose name it is received shall be
				  considered the consumer/producer.)
"Cooperative/utility"
means the electric
				  distributive cooperative/utility or the investor owned utility.
"Electricity"
means electric power and energy
				  produced, transmitted, distributed, or furnished by or delivered to the
				  cooperative/utility.
"Force majeure"
means a cause reasonably beyond
				  the control of the party affected, such as, but without limitation to,
				  injunction, strike of the party's employees, war, invasion, fire, accident,
				  floods, backwater caused by floods, acts of God, or inability to obtain or ship
				  essential services, materials, or equipment because of the effect of similar
				  causes on the party's suppliers or carriers.
"Fraudulent use or sale of electricity"
means
				  any unauthorized use of the cooperative/utility electric service by the
				  producer, or unauthorized use of producer generated electricity.
"Meter"
means any device or devices used to
				  measure or register electric power and energy.
"NEC"
means the National Electrical Code issued
				  by the National Fire Protection Association.
"Premises"
means any piece of land or real
				  estate, or any building or other structure or portion thereof or any facility
				  where electric energy is furnished to or delivered by a producer.
"Producer"
means a small power producer or
				  cogenerator.
"Prudent utility practices"
means the practices,
				  methods, and acts which, in the exercise of reasonable judgment in light of the
				  facts (including but not limited to the practices, methods, and acts engaged in
				  or approved by a significant portion of the electric utility industry prior
				  thereto) known at the time the decision was made, would have been expended to
				  accomplish the desired result at the lowest reasonable cost consistent with
				  good business practices, reliability, safety, and expedition, taking into
				  account the facts that the term "prudent utility practice" is not intended to
				  be limited to the optimum practice, methods, or acts to the exclusion of all
				  others, but rather to be a spectrum of possible practices, methods, or acts
				  which could have been expected to accomplish the desired result at the lowest
				  reasonable cost consistent with reliability, safety, and expedition. "Prudent
				  utility practice" includes due regard for manufacturer's warranties and
				  requirements of governmental agencies of competent jurisdiction.
"PUD"
means the Public Utility Division of the
				  Oklahoma Corporation Commission.
"Small power producer"
means a facility
				  qualified under Section 201 of the Public Utility Regulatory Policies Act of
				  1978 as a small power production facility.
"Tariff"
shall include every rate schedule,
				  purchase rate schedule or provision thereof, service agreement, purchase
				  agreement and all terms, conditions, rules, and regulations for furnishing
				  electric service or purchasing electric energy.