Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 40 - Electric › Subchapter 05 - Renewable › Part 2 - Implementation of a Renewable Energy Standard › Section 810-RICR-40-05-2.3 - Definitions

Current through June 14, 2024
A. Except as otherwise expressly provided,
				  terms with initial capitalization used in these regulations and not defined
				  herein shall have the meaning as defined in the NEPOOL Rules.
1. "Aggregation owner" means a person or
				  entity that owns or controls a single Customer-sited or Off-grid Generation
				  Facility, or a collection of such facilities, along with any associated NEPOOL
				  GIS Certificates, and who applies for and receives certification of an
				  aggregation from the commission pursuant to §
											2.6(H)   of this Part. An
				  Aggregation Owner may be the same entity that owns the generation unit(s) in
				  the aggregation.
2. "Alternative
				  compliance payment" means a payment to the Renewable Energy Development Fund of
				  fifty dollars ($50.00) per megawatt-hour of renewable energy obligation, in
				  2003 dollars, adjusted annually by the annual change in the U.S. Bureau of
				  Labor Statistics Consumer Price Index, which may be made in lieu of standard
				  means of compliance with these regulations.
3. "Commission" means the Rhode Island Public
				  Utilities Commission.
4.
				  "Compliance year" means a calendar year beginning January 1 and ending December
				  31, for which an Obligated Entity must demonstrate that it has met the
				  requirements of these regulations.
5. "Customer-sited generation facility" means
				  a Generation Unit that is interconnected on the End-use Customer's side of the
				  retail electricity meter in such a manner that it displaces all or part of the
				  metered consumption of the End-use Customer.
6. "Electrical energy product" means an
				  electrical energy offering, including but not limited to last resort and
				  standard offer service, or any successor service, that can be distinguished by
				  its Generation Attributes or other characteristics, and that is offered for
				  sale by an Obligated Entity to End-use Customers.
7. "Eligible biomass fuel" means fuel sources
				  including brush, stumps, lumber ends and trimmings, wood pallets, bark, wood
				  chips, shavings, slash, yard trimmings, site clearing waste, wood packaging,
				  and other clean wood that is not mixed with other unsorted solid wastes;
				  agricultural waste, food and vegetative material; energy crops; landfill
				  methane or biogas, provided that such gas is collected and conveyed directly to
				  the Generation Unit or with use of facilities used as common carriers of
				  natural gas subject to a conveyance plan approved by the Commission; or neat
				  bio-diesel and other neat liquid fuels that are derived from such fuel sources.
a. Generation Units using wood sources other
				  than those listed above may make application, as part of the required fuel
				  source plan described in §
												2.7   of this Part, for the Commission to approve
				  a particular wood source as "clean wood." The burden will be on the applicant
				  to demonstrate that the wood source is at least as clean as those listed in the
				  legislation. Wood sources containing resins, glues, laminates, paints,
				  preservatives, or other treatments that would combust or off-gas, or mixed with
				  any other material that would burn, melt, or create other residue aside from
				  wood ash, will not be approved as clean wood.
8. "Eligible renewable energy resource" means
				  a resource as defined in §
											2.5   of this Part.
9. "End-use customer" means a person or
				  entity in Rhode Island that purchases electrical energy at retail from an
				  Obligated Entity except that a Generating Unit, taking station service at
				  wholesale from ISO or self-supplying from its other generating stations, shall
				  not be considered an End-use Customer.
10. "Existing renewable energy resources"
				  means Generation Units using Eligible Renewable Energy Resources and first
				  entering commercial operation before December 31, 1997.
11. "FERC" means the Federal Energy
				  Regulatory Commission, or its successor.
12. "Generation attributes" means the
				  non-price characteristics of the electrical energy output of a generation unit
				  including, but not limited to, the unit's location, fuel type, actual
				  emissions, vintage and policy eligibility. The Commission may modify this list
				  as appropriate.
13. "Generation
				  unit" means a facility that converts a fuel or an energy resource into
				  electrical energy.
14. "Historical
				  generation baseline" means, for all Eligible Renewable Energy Resources
				  including Intermittent Resources, the average annual electrical production from
				  the Eligible Renewable Energy Resources, stated in megawatt-hours (MWhs), for
				  the three calendar years 1995 through 1997, or for the first 36 months after
				  the Commercial Operation Date if that date is after December 31, 1994 (the
				  "Baseline Period"); provided however, that the Historical Generation Baseline
				  shall be measured regardless of whether or not the average annual electrical
				  production during the Baseline Period meets the eligibility requirements of
				  §
											2.5   of this Part.
15.
				  "Intermittent resource" means a Generation Unit utilizing wind, solar, or Small
				  Hydro energy resources.
16. "ISO"
				  means ISO New England Inc., authorized by the FERC to exercise for the New
				  England Control Area the functions required pursuant to FERC's Order No. 2000
				  and the FERC's corresponding regulations, and any successor
				  organization.
17. "Load asset"
				  means the term as used in the New England Markets.
18. "Load obligation" means the energy
				  obligation as defined and determined by the ISO in the New England Markets
				  inclusive of applicable line losses.
19. "NEPOOL GIS" means the Generation
				  Information System operated by NEPOOL, its designee or successor entity, which
				  includes a generation information database and certificate system, and that
				  accounts for certain of the Generation Attributes of electrical energy consumed
				  within, imported into or exported from NEPOOL.
20. "NEPOOL GIS certificate" means an
				  electronic record produced by the NEPOOL GIS that identifies certain of the
				  Generation Attributes of each megawatt-hour of electrical energy accounted for
				  in the NEPOOL GIS.
21. "NEPOOL"
				  means the New England Power Pool or its successor.
22. "NEPOOL rules" means all rules adopted by
				  NEPOOL or the ISO, as such rules may be amended, modified, supplemented or
				  superseded and restated from time to time, including but not limited to, the
				  NEPOOL Agreement, the ISO Tariff, the ISO New England Operating Documents, the
				  Transmission Operating Agreement, the Participants Agreement, the NEPOOL
				  Manuals, and the NEPOOL Operating Procedures, as amended, superseded or
				  restated from time to time.
23.
				  "New England markets" means the Markets or programs for the purchase of energy,
				  capacity, ancillary services, demand response services or other related
				  products or services (including Financial Transmission Rights) that are
				  delivered through or useful to the operation of the New England Transmission
				  System and that are administered by the ISO pursuant to rules, rates, or
				  agreements on file from time to time with the FERC.
24. "New renewable energy resources" means:
a. at a new site, the entire output of a
				  Generation Unit which uses Eligible Renewable Energy Resources and first
				  entered commercial operation after December 31, 1997; or
b. at the site of an Existing Renewable
				  Energy Resource, the entire output of a new Generation Unit which uses Eligible
				  Renewable Energy Resources and first entered commercial operation after
				  December 31, 1997, provided that the Existing Renewable Energy Resource has
				  been retired and replaced with such new Generation Unit; or
c. the entire output of a Repowered
				  Generation Unit which uses Eligible Renewable Energy Resources and such
				  Repowered Generation Unit first entered commercial operation after December 31,
				  1997 at the site of an existing Generation Unit; or
d. for a multi-fuel facility, pursuant to
				  §
												2.5(A)(1)(f)   of this Part, the renewable energy fraction of output from
				  a Generation Unit in which an Eligible Biomass Fuel is first co-fired with
				  fossil fuels after December 31, 1997; or
e. for an Existing Renewable Energy Resource
				  other than an Intermittent Resource, the incremental output in any Compliance
				  Year over the Historical Generation Baseline, provided that such Existing
				  Renewable Energy Resource using Eligible Renewable Energy Resources was
				  certified by the Commission pursuant to §
												2.6   of this Part to have
				  demonstrably completed capital investments after December 31, 1997 attributable
				  to the efficiency improvements or additions of capacity that are sufficient to,
				  were intended to, and can be demonstrated to increase annual electricity output
				  in excess of ten percent (10%). The determination of incremental production for
				  purposes of this paragraph shall not be based on any operational changes at
				  such facility not directly associated with the efficiency improvements or
				  additions of capacity; or
f. for an
				  Existing Renewable Energy Resource that is an Intermittent Resource, provided
				  that such Existing Renewable Energy Resource using Eligible Renewable Energy
				  Resources was certified by the Commission pursuant to §
												2.6   of this Part
				  to have demonstrably completed capital investments after December 31, 1997
				  attributable to the efficiency improvements or additions of capacity that are
				  sufficient to, were intended to, and have demonstrated on a normalized basis to
				  increase annual electricity output in excess of ten percent (10%), the
				  incremental production in any Compliance Year shall be determined as a
				  percentage of production in each month. Such percentage shall be equal to the
				  percentage of average annual production at the Generation Unit following the
				  improvements or additions of capacity that are attributable to the efficiency
				  improvements or additions of capacity placed in service after December 31, 1997
				  as determined by the Commission using the information consistent with that used
				  to determine the Historical Generation Baseline for such facility. Such
				  percentage shall be certified by the Commission. The determination of
				  incremental production for purposes of this paragraph shall not be based on any
				  operational changes at such facility not directly associated with the
				  efficiency improvements or additions of capacity. In no event shall any
				  production that would have existed during the Historical Generation Baseline
				  period in the absence of the efficiency improvements or additions to capacity
				  be considered incremental production for purposes of this paragraph.
25. "Nonregulated power producers"
				  mean the same as defined in R.I. Gen. Laws §
											39-1-2(19).
26. "Obligated entity" means:
a. a person or entity that sells electrical
				  energy to End-use Customers in Rhode Island, including, but not limited to:
				  Nonregulated Power Producers and electric utility distribution companies, as
				  defined in R.I. Gen. Laws §
												39-1-2, supplying standard offer service, last
				  resort service, or any successor service to End-use Customers; including
				  Narragansett Electric, but not to include Block Island Power Company or Pascoag
				  Utility District; or
b. to the
				  extent not otherwise required to register and act as a NPP, any customer buying
				  electricity supply directly from wholesale markets. In no event shall the ISO
				  or NEPOOL be considered an Obligated Entity.
27. "Off-grid generation facility" means a
				  Generation Unit that is not connected to a utility transmission or distribution
				  system.
28. "Prime mover" means
a. for a landfill gas facility, the entire
				  internal combustion engine or combustion turbine;
b. for a biomass facility, the entire boiler;
c. for a wind facility, the entire
				  wind turbine, including the generator, gearbox (if any), nacelle, and
				  turbine;
d. for a small
				  hydro-electric facility, the entire turbine and structures supporting the
				  turbine;
e. for a geothermal
				  facility, the entire steam turbine, including the turbine rotors, shaft,
				  stationary blades, and gear assemblies;
f. for a digester gas facility, the entire
				  digester unit and internal combustion engine or combustion turbine as
				  applicable; and
g. for a solar
				  thermal facility, the entire steam turbine.
30. "Repowered generation unit" means:
a. an existing Generation Unit that
				  completely replaces its Prime Mover with a new one pursuant to §
												2.3(A)(27)   of this Part; and
b. the
				  then existing Generation Unit must demonstrate to the satisfaction of the
				  Commission either:
(1) a material increase in
				  its efficiency or
(2) a material
				  decrease in its air emissions such as obtaining a new Title V air permit based
				  upon BACT (best alternative control technology) for that generation technology;
				  and
c. the completed
				  repowered Generation Unit must demonstrate that 80% of its resulting tax basis
				  of the entire Generation Unit's plant and equipment (but not its property and
				  intangible assets) is derived from capital expenditures made after December 31,
				  1997.
30. "Reserved
				  certificate" means a NEPOOL GIS certificate sold independent of a transaction
				  involving electrical energy, pursuant to "Rule  3.5   Reserved Certificates" or a
				  successor rule of the NEPOOL GIS Operating Rules.
31. "Reserved certificate account" means a
				  specially designated account established by an Obligated Entity, pursuant to
				  "Rule  3.5   Reserved Certificates" or a successor rule of the operating rules of
				  the NEPOOL GIS Operating Rules, for transfer and retirement of Reserved
				  Certificates from the NEPOOL GIS.
32. "Small hydro facility" means a facility
				  employing one or more hydroelectric turbine generators and with an aggregate
				  capacity not exceeding thirty (30) megawatts. For purposes of this definition,
				  "facility" shall be defined in a manner consistent with  18 C.F.R. §§
												292.204(a)(2)(i) and (ii)  as of the date of enactment of the Renewable Energy
				  Act (June 29th, 2004); provided, however, that the size of the facility is
				  limited to no greater than thirty (30) megawatts, rather than eighty (80)
				  megawatts. For a Small Hydro Facility to be eligible as a New Renewable Energy
				  Resource it must in no case involve any new impoundment or diversion of water
				  with an average salinity of twenty (20) parts per thousand or less.
33. "Verifier" means a person or entity,
				  independent of a Generation Unit in an aggregation, an Aggregation Owner, the
				  operator of an aggregation, or any other party that might create a conflict of
				  interest in assuring accurate NEPOOL GIS Certificate creation, who:
a. is responsible for monitoring, verifying
				  and entering into the NEPOOL GIS the quantity of eligible energy produced by
				  Generation Units in an aggregation, a Customer-Sited Generation Facility, or an
				  Off-grid Generation Facility whose energy production data (or any part thereof)
				  is not automatically included in the ISO Market Settlement System;
				  and
b. meets the requirements of a
				  Verifier under §
												2.6(H)   of this Part. A Verifier may be the local electric
				  distribution company, provided all qualifications contained in §
												2.6(H)(3)
				    of this Part and §§
												2.6(H)(4)(b), (c), (f), and (g) of this Part are
				  met.