New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 14:4-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter or
				  in N.J.A.C. 14:8, Renewable Energy and Energy Efficiency, shall have the
				  following meanings unless the context clearly indicates otherwise. Additional
				  definitions that apply to this chapter can be found at
				  N.J.A.C.
				  14:3-1.1.
"Advertising" means the activity of attracting public
				  attention to a product, service, or business, etc., as through announcements in
				  print, radio, television, telemarketing, electronically, internet, etc.
"Aggregator" means a government aggregator or a private
				  aggregator, as those terms are defined herein.
"Basic gas supply service" or "BGSS" means gas supply service
				  that is provided to any customer that has not chosen an alternative gas
				  supplier, whether or not the customer has received offers as to competitive
				  supply options; including, but not limited to, any customer that cannot obtain
				  such service from a gas supplier for any reason, including non-payment for
				  services. Basic gas supply service is not a competitive service and shall be
				  fully regulated by the Board.
"Basic generation service" or "BGS" means electric generation
				  service that is provided to any customer that has not chosen an electric power
				  supplier, as defined herein, whether or not the customer has received offers
				  for competitive supply options; including, but not limited to, any customer
				  that cannot obtain such service from an electric power supplier for any reason,
				  including non-payment for services. Basic generation service is not a
				  competitive service and shall be fully regulated by the Board.
"Board" means the New Jersey Board of Public
				  Utilities.
"Broker" means a duly licensed electric power supplier that
				  assumes the contractual and legal responsibility for the sale of electric
				  generation service, transmission or other services to retail customers, but
				  does not take title to any of the power sold, or a duly licensed gas supplier
				  that assumes the contractual and legal obligations to provide gas supply
				  service to retail customers, but does not take title to the gas.
"Btu" means British thermal unit, a standard unit of energy.
				  One Btu is equal to the amount of heat required to raise the temperature of one
				  pound of liquid water by one degree Fahrenheit at its maximum density, which
				  occurs at a temperature of 39.1 degrees Fahrenheit.
"Customer" means the person identified in the account records
				  of a regulated entity as the person responsible for payment of the bill for
				  utility service or another regulated service. A customer may or may not be an
				  end user, as defined in this section.
"Customer information" means information specific to a
				  particular customer, which a regulated entity has acquired or developed in the
				  course of providing services as authorized under this chapter. This term
				  includes, but is not limited to, a customer's name, address, telephone number,
				  usage habits or history, peak demand and payment history.
"EDECA" means the Electric Discount and Energy Competition
				  Act,
				  48:3-49 et
				  seq.
"Electric distribution company" or "EDC" means an electric
				  public utility, as defined herein. An EDC cannot be an electric power supplier,
				  but may provide basic generation service.
"Electric distribution system" means that portion of an
				  electric system, which delivers electricity from transformation points on the
				  transmission system to points of connection at a customer's premises.
"Electric generation service" means the provision of retail
				  electric energy and capacity which is generated off-site from the location at
				  which the consumption of such electric energy and capacity is metered for
				  retail billing purposes, including agreements and arrangements related
				  thereto.
"Electric power supplier" means a person that is licensed by
				  the Board to offer, and to assume the contractual and legal responsibility to
				  provide, electric generation service for use by retail customers. This term
				  includes, but is not limited to, load serving entities, marketers and brokers
				  that offer or provide electric generation service for use by retail customers.
				  An electric power supplier generates electricity or buys electric generation,
				  and sells it to others for use by retail customers. An electric public utility
				  that provides electric generation service only for the purpose of providing
				  basic generation service is not an electric power supplier.
"Electric public utility" means a public utility, as that
				  term is defined in
				  48:2-13,
				  that transmits and distributes electricity to end users in New Jersey.
"Electric related service" means a service that is directly
				  related to the consumption of electricity by an end user, including, but not
				  limited to, the installation of demand side management measures at the end
				  user's premises; the maintenance, repair or replacement of appliances,
				  lighting, motors or other energy-consuming devices at the end user's premises;
				  the provision of energy consumption management, analysis, and information
				  management; and billing and bill payment services, as authorized by the
				  Board.
"End user" means a person who receives or consumes
				  electricity, gas, telephone, water or wastewater service. An end user may or
				  may not be a customer, as defined herein.
"Energy agent" means a person that is registered with the
				  Board pursuant to N.J.A.C. 14:4-5, and is thereby authorized to arrange the
				  retail sale of electricity, electric related services, gas supply or gas
				  related services between government or private aggregators and electric or gas
				  power suppliers, but does not take title to the electric or gas sold.
"Energy aggregator" means a government aggregator and/or a
				  private aggregator, as these terms are defined in this section.
"Energy consultant" means an energy agent that is registered
				  with the Board pursuant to
				  14:4-5.1 1, and is thereby
				  authorized to receive certain customer information from an LDC through
				  electronic data interchange (EDI).
"FERC" means the Federal Energy Regulatory Commission or any
				  successor agency.
"Gas public utility" means a public utility, as that term is
				  defined in
				  48:2-13,
				  that distributes gas to end users in New Jersey.
"Gas related service" means a service that is directly
				  related to the consumption of gas by an end user, including, but not limited
				  to, the installation of demand side management measures at the end user's
				  premises; the maintenance, repair or replacement of appliances or other
				  energy-consuming devices at the end user's premises, and the provision of
				  energy consumption management, analysis, and information management; and
				  billing and bill payment services, as authorized by the Board.
"Gas supplier" means a person that is licensed by the Board
				  under EDECA to offer or provide gas supply service to retail customers. This
				  term includes, but is not limited to, marketers and brokers, as defined herein.
				  A non-public utility affiliate of a public utility holding company may be a gas
				  supplier, but a gas public utility or its subsidiary is not a gas supplier. If
				  a gas public utility is not part of a holding company legal structure, a
				  related competitive business segment of that gas public utility may be a gas
				  supplier, provided that related competitive business segment is structurally
				  separated from the gas public utility, and provided that the interactions
				  between the gas public utility and the related competitive business segment are
				  subject to the affiliate relations standards at N.J.A.C. 14:4-3.
"Gas supply service" means the provision to customers of the
				  retail commodity of gas, but does not include any regulated distribution
				  service.
"Government aggregator" means an entity that meets both of
				  the following criteria:
1. The entity is subject to the Local Public Contracts Law,
				  40A:11-1 et
				  seq.; the Public School Contracts Law,
				  18A:18A-1
				  et seq.; or the County College Contracts Law,
				  18A:64A-25.1
				  et seq.; or is the New Jersey School Boards Association; and
2. The entity enters into a contract with another government
				  aggregator or with a TPS, as those terms are defined herein, to purchase
				  electric generation service, electric related service, gas supply service,
				  and/or gas related service for one or more of the following purposes:
i. For the government aggregator's own use;
ii. For the use of other government aggregators;
				  and/or
iii. If the government aggregator is a municipality or
				  county, for use by residential or non-residential customers, as defined herein,
				  within its geographic boundaries.
A government aggregator does not take title to the energy
				  involved in the aggregation program.
"kW" means kilowatts, a unit of power representing 1,000
				  watts. A kW equals 1/1000 of a MW, as defined herein.
"kWh" means kilowatt-hours, or 1,000 watt-hours.
"LDC" or "local distribution company" means an electric
				  public utility or a gas public utility, as those terms are defined
				  herein.
"Marketer" means a duly licensed electric power supplier that
				  takes title to electric energy and capacity, transmission and other services
				  from electric power generators and other wholesale suppliers and then assumes
				  the contractual and legal obligation to provide electric generation service,
				  and/or transmission or other services, to a retail customer or customers, or a
				  duly licensed gas supplier that takes title to gas and then assumes the
				  contractual and legal obligation to provide gas supply service to a customer or
				  customers.
"Marketing" means a direct solicitation by a TPS to an
				  individual customer for the purpose of persuading a customer to enter into an
				  agreement for the purchase of electric generation service, gas supply service,
				  electric related service and/or gas related service. This term includes direct
				  mailings, telemarketing, internet websites, and in-person solicitation.
				  Advertising is distinguished from marketing by the fact that advertising
				  targets the general public or a group of persons, whereas marketing targets an
				  individual potential customer.
"MW" means megawatts, a unit of power representing 1,000,000
				  watts. A megawatt equals 1,000 kW.
"Optional service" means an electric related service or a gas
				  related service, as those terms are defined in this section.
"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.
"PJM Interconnection, L.L.C." or "PJM" means the regional
				  transmission organization (RTO) that coordinates the movement of wholesale
				  electricity in the PJM region, as defined in this section. Additional
				  information regarding PJM and its subsidiaries can be found at
http://www.pjm-eis.com/index.html
.
"PJM Environmental Information Services" or "PJM-EIS," means
				  the wholly-owned subsidiary of PJM Technologies, Inc., which is in turn a
				  wholly owned subsidiary of PJM Interconnection, L.L.C. PJM Environmental
				  Information Services provides environmental and emissions attributes reporting
				  and tracking services to its subscribers in support of renewable portfolio
				  standards and other information disclosure requirements that may be implemented
				  by government agencies.
"PJM region" means the area within which the movement of
				  wholesale electricity is coordinated by PJM Interconnection, as defined in this
				  section. The PJM region is described in the Amended and Restated Operating
				  Agreement of PJM Interconnection, which is incorporated herein by reference, as
				  amended and supplemented. The Operating Agreement can be obtained on the PJM
				  Interconnection website at
www.pjm.com
,
				  or by writing to PJM Interconnection, Legal Department, 955 Jefferson Avenue,
				  Norristown, PA, 19403.
"Private aggregator" means a non-government business or
				  non-profit organization authorized to operate in New Jersey, that combines the
				  energy loads of multiple end users, and enters into a contract with an electric
				  power supplier for the purchase of electric generation service or with a gas
				  supplier for gas supply service on behalf of those end users. A private
				  aggregator does not take title to the energy involved in the
				  transaction.
"Rate Counsel" means the Division of Rate Counsel, which is
				  located in, but not of, the New Jersey Department of the Treasury pursuant to
				  N.J.S.A. 52:27EE-54, or any successor agency.
"Ratepayer Advocate" or "RPA" means the Division of Ratepayer
				  Advocate in the Department of the Public Advocate or any successor
				  agency.
"Regulated entity" has the same meaning as is assigned to
				  this term at
				  14:3-1.1.
"Retail" means the sale of energy to, or the purchase of
				  energy by, one or more end users, regardless of whether the delivery of the
				  energy will be through infrastructure owned or operated by the seller.
"Retail competition" means both of the following:
1. The ability of retail customers to purchase electric
				  generation service from an electric power supplier, or to choose basic
				  generation service; and
2. The ability of any electric power supplier, upon meeting
				  basic licensing requirements, to offer electric generation service to retail
				  customers.
"Retail customer" means a customer, as defined in this
				  section, that purchases energy for its own use, or for use by other end users
				  whose relationship with the customer is not an arms-length energy purchase
				  transaction. This term includes government or private aggregator, as well as
				  its customers.
"Slamming" means switching a customer from one TPS or LDC
				  (for electric generation service or gas supply service) to another TPS, without
				  obtaining authorization from the customer in accordance with this
				  subchapter.
"Third party supplier" or "TPS" means an electric power
				  supplier or a gas supplier as those terms are defined in this section.
"Therm" means 100,000 Btus.
"Wholesale customer" means a customer, as defined herein,
				  that is not a retail customer, as defined herein.