New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7841 - Definitions › Section 7841.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
					 purposes of this Chapter, the terms hereinafter listed shall have the following
					 meanings:
(1) Biofuel means a liquid or solid
					 fuel derived from biomass through chemical, thermal, or biological
					 processes.
(2) Biogas means a gas
					 produced by the breakdown of biomass, typically yielding a mixture of methane
					 and carbon dioxide.
(3) Biogas,
					 biofuel, and biomass research and development means any efforts or activities
					 to develop innovations that improve methods for growth, production, processing,
					 or end-use efficiency of biogas, biofuel, and biomass.
(4) Biomass means a biological material,
					 including but not limited to plant material and the biogenic portion of
					 municipal solid waste.
(5) Board
					 means the State Energy Planning Board established under subdivision one of
					 section 6-102  of the Energy Law.
(6) Bulk system operator, or BSO, means the
					 New York independent system operator, or its successor.
(7) Capability period, for the electricity
					 sector, means six month periods which are established as follows:
(i) from May 1st through October 31st of each
					 year (summer capability period); and
(ii) from November 1st of each year through
					 April 30th of the following year (winter capability period); or such other
					 periods as may be determined by the bulk system operator. A summer capability
					 period followed by a winter capability period shall be referred to as a
					 capability year.
(8)
					 Capacity means the capability to generate or transmit electrical power, or the
					 ability to control demand at the direction of the bulk system operator,
					 measured in megawatts (MW).
(9)
					 Chair means the chair of the board, who shall be the President of the New York
					 State Energy Research and Development Authority.
(10) City gate means a point or measuring
					 station at which a local distribution company receives natural gas from a
					 natural gas pipeline company or transmission system.
(11) Cogeneration means the production of
					 electrical energy and another form of useful energy, such as heat or steam,
					 through the sequential use of energy.
(12) Coincident peak demand means the
					 electricity demand of individual customers, group of customers, or sub-systems
					 that occurs at the same time of peak demand of the entire electric power
					 system. Coincident peak demand may be identified for both summer and winter
					 periods.
(13) Control efficiency
					 means the ratio of the amount of a pollutant removed from effluent gases by a
					 control device to the total amount of pollutant without control.
(14) Co-products means other products made as
					 a result of biofuel and biomass production, including but not limited to
					 livestock feed, sweeteners, fibers, and oil.
(15) Delivery means the physical transfer of
					 natural, synthetic, or supplemental gas from facilities operated by the
					 responding company to facilities operated by others or to consumers.
(16) Electricity research and development
					 means any efforts or activities to develop innovations that improve and/or
					 advance more efficient or lower emitting methods for generation, transmission,
					 distribution, or end-use of electricity.
(17) Electricity transmission and
					 distribution company means a company that owns and operates electric
					 transmission and distribution assets.
(18) End-user means the person that
					 ultimately consumes the energy solely for its own purposes and does not sell
					 such energy for resale or further distribute such energy other than for its own
					 consumption.
(19) End-use energy
					 efficiency, renewable and emerging technology research and development means
					 activities or projects engaged in for the purpose of developing technological
					 innovations or improvements at the customer-sited level that enable needed
					 functions to be performed with less energy expended or with energy sources that
					 are renewable and sustainable.
(20)
					 Energy efficiency means methods and technologies that can reduce the input
					 requirements of energy, electricity, or fuel used to accomplish the same level
					 of output.
(21) Energy service
					 company means a person that provides energy commodity services for end-users
					 and/or finances, installs, implements or otherwise facilitates energy
					 efficiency, cogeneration, on-site energy production, demand response,
					 aggregation of energy and/or demand reduction, and/or other measures and
					 services for end-users.
(22)
					 Expansion pipeline capacity projects means any additional through put capacity
					 gained by an additional pipeline or system modifications that increase the
					 volume transported through existing pipelines.
(23) Firing type means boiler configuration,
					 such as, but not limited to, tangential, wall-fired, cyclone or
					 stoker.
(24) Fuel type means the
					 fuel used to produce energy, heat, steam, or other usable form of output and
					 includes, but is not limited to, natural gas, distillate oil, residual oil,
					 kerosene, methane gas, uranium, coal, (such as anthracite, bituminous,
					 sub-bituminous, or lignite), biofuel, biogas, biomass, sunlight, water, and
					 wind.
(25) Gathering system means a
					 network of smaller pipelines leading from well heads into larger processing or
					 pipeline systems.
(26) Generation
					 unit means a facility supplying electric capacity and/or producing electricity
					 or ancillary services and/or an electric energy storage facility that is
					 accessible to the New York control area.
(27) Hearing officer means the person(s)
					 designated by the chair to conduct any hearing held under this Chapter. The
					 hearing officer shall have all the powers of the board in the conduct of
					 hearings.
(28) Heat rate means to
					 measure a generating station thermal efficiency, generally expressed in BTUs
					 per net kilowatt-hour. The net heat rate is computed by dividing the total
					 British thermal unit, or BTU, content of fuel burned for electric generation by
					 the resulting net available kilowatt-hour generation. Average annual heat rate
					 is the net heat rate computed over the period of a calendar year. In the case
					 of cogeneration facilities, the input BTUs of fuel burned for electric
					 generation should be calculated by taking the input BTUs of fuel used for
					 combustion turbines, steam boilers (excluding backup boilers) and supplemental
					 firing then subtracting the net output BTUs of useful thermal energy provided
					 for purposes other than electric generation.
(29) Heat rate penalty means the average
					 percentage increase in average annual heat rate which results from the
					 application of a particular emission control technology.
(30) In-state natural gas production means
					 natural gas extracted within the boundaries of New York State.
(31) Independent oil supplier means any
					 entity:
(i) involved in the production of oil
					 with less than $5,000,000 per year in retail sales and who do not refine more
					 than 75,000 barrels per day; or
(ii) commonly referred to as a "jobber", who
					 is involved in the purchase of petroleum products from refiners for the purpose
					 of resale to retailers; or
(iii)
					 exclusively involved in the retail provision of petroleum based
					 products.
(32)
					 Integrated major oil company means any entity engaged in one or multiple phases
					 of the oil or petroleum business, ranging from upstream exploration and
					 production to downstream functions relating to transportation, refining,
					 marketing and retail whose revenues exceed $5,000,000 per year from retail
					 sales of petroleum products or natural gas.
(33) Interface means a defined set of
					 transmission facilities that separate load zones and that separate the New York
					 control area from adjacent control areas.
(34) Interstate natural gas pipeline means
					 any pipeline operator engaged in natural gas transportation subject to the
					 jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas
					 Act,
					 15 U.S.C.
					 717 et seq.
(35) Intrastate natural gas pipeline means
					 any pipeline operator engaged in natural gas transportation (not including
					 gathering system) which is not subject to the jurisdiction of the Federal
					 Energy Regulatory Commission under the Natural Gas Act (15 U.S.C.
					 717 et seq.), other than any such pipeline
					 which is not subject to the jurisdiction of the Federal Energy Regulatory
					 Commission solely by reason of section 1(c) of the Natural Gas Act (15 U.S.C.
					 717 [c]).
(36) Liquefied natural gas, or LNG, means
					 natural gas stored as a cryogenic liquid.
(37) Load means the amount of electric power,
					 as measured in kilowatts or megawatts, required at any specified point or
					 points on a system at a specific moment in time by an end-user or group of
					 end-users.
(38) Load shape means
					 the distribution of energy requirements over time and is derived from plotting
					 energy requirements on a chart or graph, which produces a graph whose curve
					 usually has a distinctive shape. As energy requirements change, the shape of
					 the graph also changes, so the redistribution of demand or load is referred to
					 as changing the load shape.
(39)
					 Load zone means 1 of 11 geographical areas located within the New York control
					 area that is bounded by one or more of the 14 New York State
					 interfaces.
(40) Local distribution
					 company, or LDC, means any person engaged in the transportation, or local
					 distribution, of natural gas and the sale of natural gas for ultimate
					 consumption, other than a natural gas interstate pipeline, intrastate pipeline,
					 storage company or gathering system.
(41) Major biomass supplier or processor
					 means a major solid biomass supplier or processor that supplies or processes
					 items within New York State such as, but not limited to corn, oilseeds,
					 switchgrass, and forest products. Major biogas or biofuel producer means a
					 major liquid or solid biofuel or biogas producer that manufactures items within
					 New York State such as, but not limited to, ethanol, biodiesel, wood pellets,
					 and manufactured logs. Major biomass supplier or processor is any entity that
					 has the capacity to supply or process more than 20,000 tons of biomass
					 annually. Major biofuel producer is any entity that has the capacity to produce
					 more than 10 million gallons of liquid biofuel annually or more than 20,000
					 tons of solid biofuel annually. Major biogas producer is any entity that has
					 the capacity to produce more than 100 million cubic feet of biogas
					 annually.
(42) Major coal supplier
					 means any person who, during the preceding calendar year, acted as a producer,
					 broker, transporter, or wholesaler of 25,000 tons or more of anthracite,
					 bituminous, sub-bituminous or lignite coal delivered into the State
					 distribution system for use within the State.
(43) Major electricity supplier means any
					 entity other than the bulk system operator involved in the generation,
					 transmission or distribution of greater than 10 megawatts electric power, the
					 provision of voltage support, backup or spinning reserve or other grid-related
					 ancillary services for sale into the bulk wholesale electric power system in
					 New York.
(44) Major energy
					 supplier means any of the following: major electricity supplier; major natural
					 gas supplier; major petroleum supplier; major coal supplier; major steam
					 supplier; major biomass supplier or processor; or major biogas or biofuel
					 producer.
(45) Major natural gas
					 supplier means any local distribution company operating in franchised service
					 territories serving 14,000 customers or more, persons engaged in extraction of
					 natural gas from in-state geologic formations, storage companies, or any
					 intrastate and interstate natural gas pipeline company providing service within
					 and to the State.
(46) Major
					 petroleum supplier means any person who, during the preceding calendar year,
					 made the first sale, involving either physical delivery or exchange agreements,
					 of any petroleum product or crude oil, other than raw material input for
					 refinery runs, into the State for use within the State, provided that either
					 the total annual volume of all such sales exceeded 2,500,000 barrels or such
					 sales of propane alone exceeded 250,000 gallons. Such term includes:
(i) independent oil suppliers; and
(ii) pipeline companies which are used to
					 deliver refined petroleum fuels into the State and barge companies which
					 annually deliver more than one million gallons of refined petroleum fuels into
					 the State.
(47) Major
					 steam supplier means any steam corporation operating in franchised service
					 territories.
(48) Municipality
					 means an incorporated city, county, town, or village.
(49) Nameplate rating means the maximum rated
					 output of a generator under specific conditions designated by the
					 manufacturer.
(50) Natural
					 gas-fired project means an electric generating facility operating with natural
					 gas as an input fuel to the plant, including but not limited to turbines,
					 engines or boilers.
(51) Natural
					 gas research and development means any effort or activity to develop
					 innovations that improve and/or advance natural gas exploration, production,
					 delivery, and/or end-use.
(52) New
					 York control area, or NYCA, means the portion of the bulk electric system under
					 the operational control of or subject to notification by the bulk system
					 operator.
(53) New York independent
					 system operator, or NYISO, means the not-for-profit corporation, or any
					 successor organization, responsible for operating the State's bulk electricity
					 grid, administering New York's competitive wholesale electricity markets, and
					 conducting comprehensive long-term planning for the State's electric power
					 system serving New York State. NYISO is the federally designated electric bulk
					 system operator in New York.
(54)
					 New York State Reliability Council, or NYSRC, means an entity which promulgates
					 criteria and standards to reliably plan and operate the New York State bulk
					 power system, and which establishes the annual statewide installed capacity
					 requirement.
(55) Non-coincident
					 peak demand is the actual individual electric power peak demand of each
					 customer or sub-system whose time of occurrence does not necessarily coincide
					 with the time of peak demand for the entire electric power system.
(56) Once through cooling means a power plant
					 cooling system that withdraws water directly from a water body, moves it
					 through a condenser where it absorbs heat from the boiler steam and then
					 discharges back into the source water body at an elevated
					 temperature.
(57) Peak day means
					 the one day consisting of a 24 hour-period (midnight-11:59 p.m.) with the
					 highest demand of natural gas or electricity during a month or year.
(58) Person means any individual, trustee,
					 agency, partnership, association, corporation, company, municipality, political
					 subdivision or other legal entity.
(59) Petroleum plans means the plans of the
					 major petroleum suppliers containing the information required by section 6-106  of the Energy Law and this
					 Chapter.
(60) Petroleum research
					 and development means any efforts or activities to identify potential areas and
					 develop innovations that improve or advance methods for exploration,
					 production, processing, or end-use of petroleum and refined petroleum
					 products.
(61) Planning period
					 means a time period designated by the board.
(62) Principal structure means the main
					 design type of the electric transmission facility, including underground/water
					 circuit, wood structure single circuit, wood structure double circuit, steel
					 structure single circuit, steel structure double circuit, or steel structure
					 quadruple circuit.
(63) Proposed
					 electric transmission facility means a facility that will, if constructed, have
					 the capacity to transmit electricity from one point to another in an electric
					 power system.
(64) PTID means a
					 five digit plant identification number as assigned by the bulk system operator
					 to a generating unit.
(65) Records
					 access officer means the person designated by the chair to ensure appropriate
					 response by the board to requests to the board for access to records.
(66) Refined petroleum fuels means petroleum
					 fuels used to produce heat and power including, but not limited to, gasoline,
					 jet fuel, distillate fuels (#2 fuel oil, kerosene and diesel), residual oils
					 (#4, 5 and 6 fuel oil, and bunker oil), and liquefied petroleum gases
					 (propane).
(67) Requirements, as
					 applied to electricity, means the electric energy requirements of a power
					 system which include, but are not limited to, voltage support, frequency
					 regulation and other services that are necessary to support the transmission of
					 energy from resources to loads while maintaining reliable operation of the
					 transmission system in accordance with mandatory reliability standards,
					 criteria, and rules, and good utility practice.
(68) Rerating means changing the stated
					 capacity rating of a generating unit or station.
(69) Resource means equipment, structure, or
					 fuel that has the capability to provide energy.
(70) Sales means the retail or wholesale
					 transaction of a unit of energy between an energy provider, including but not
					 limited to a utility, and an end-user.
(71) Secretary means the person designated by
					 the chair to perform administrative and other functions determined by the
					 chair.
(72) Sendout means the gross
					 amount of natural gas introduced into the transmission or distribution system
					 that is needed to meet demand in a given time period.
(73) State means New York State.
(74) State Energy Plan, or the plan, means a
					 plan adopted by the board pursuant to article 6 of the Energy Law and these
					 regulations.
(75) Steam corporation
					 means every corporation, company, association, joint stock association,
					 partnership and person, their lessees, trustees or receivers appointed by any
					 court whatsoever owning, operating or managing any steam plant:
(i) except where steam is made or produced
					 and distributed by the maker, on or through private property solely for the
					 maker's own use or the use of the maker's tenant and not for sale to
					 others;
(ii) except where steam is
					 made or produced by the maker solely from one or more co-generation or
					 alternate energy production facilities or distributed solely from one or more
					 of such facilities to users located at or near a project site; or
(ii) except where steam is made or produced
					 and distributed solely for the use of its members by a non-profit cooperative
					 corporation organized under the Cooperative Corporations Law.
(76) Storage means a
					 facility that stores energy. An electric energy storage facility is a facility
					 that stores electric energy through existing and emerging technologies
					 including, but not limited to, pumped storage hydroelectric generation,
					 compressed air energy systems, batteries, capacitors, and flywheels. A natural
					 gas storage facility is a facility that stores natural gas, either above or
					 below ground. A petroleum storage expansion project is any significant
					 modification or expansion of petroleum storage or transshipment facilities with
					 total storage capacity above 400,000 gallons that will result in the
					 construction of new storage tanks or alteration of the intended use of existing
					 tanks.
(77) Summer season sales
					 natural gas means sales from April through October directly to a retail or
					 end-use customer.
(78) Throughput
					 is a measurement of the amount of oil or gas product flowing through a
					 pipeline.
(79) Transportation
					 capacity (firm and interruptible) means pipeline capacity available for
					 purchase or use by entities other than that which originally contracted for
					 it.
(80) Unit availability means
					 the number of hours per year the unit was capable of producing electricity,
					 whether it actually produced electricity or not, based on the unit's forced
					 outage rate.
(81) Unit type
					 describes the technology used to produce electricity or heat and may include
					 but not limited to natural gas (combustion) turbine, combined cycle,
					 cogeneration, steam turbine, fuel cell, conventional hydro, integrated coal
					 gasification, internal combustion, jet engine, nuclear steam (boiling water
					 reactor or pressurized water reactor), pumped storage hydropower, flywheel
					 technology, photovoltaic, and wind turbine.
(82) Winter season sales means natural gas
					 sales from November through March directly to a retail or end-use
					 customer.