For purposes of this subpart:

1. (1) "Biomass" means any organic material not derived from fossil fuels;
2. (2) "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;
3. (3) "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;
4. (4) "Energy input", in the case of energy in the form of natural gas or oil, is to be measured by the lower heating value of the natural gas or oil;
5. (5) "Electric utility holding company" means a holding company, as defined in Section 2(a)(7) of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79b(a)(7) [repealed], that owns one (1) or more electric utilities, as defined in Section 2(a)(3) of Public Utility Holding Company Act of 1935, 15 U.S.C. § 79b(a)(3) [repealed], but does not include any holding company that is exempt by rules or orders adopted or issued pursuant to Section 3(a)(3) or 3(a)(5) of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79c(a)(5) [repealed];

6. (6) "Natural gas" means either:

   1. (A) Unmixed natural gas; or
   2. (B) Any mixture of natural gas and artificial gas;

7. (7) "Oil" means:

   1. (A) Crude oil;
   2. (B) Residual fuel oil;
   3. (C) Natural gas liquids; or
   4. (D) Any refined petroleum products;

8. (8) "Supplementary firing" means an energy input to the cogeneration facility used only in the:

   1. (A) Thermal process of a topping-cycle cogeneration facility; or
   2. (B) Electric generation process of a bottoming-cycle cogeneration;

9. (9) "Topping-cycle cogeneration facility" means a cogeneration facility in which the:

   1. (A) Energy input to the facility is first used to produce useful power output; and
   2. (B) Reject heat from power production is then used to provide useful thermal energy;
10. (10) "Total energy input" means the total energy of all forms supplied from external sources;
11. (11) "Total energy output" of a topping-cycle cogeneration facility means the sum of the useful power output and useful thermal energy output;
12. (12) "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;

13. (13) "Useful thermal energy output" of a topping-cycle cogeneration facility means the thermal energy:

    1. (A) Made available for use in any industrial or commercial process; or
    2. (B) Used in any heating or cooling application;

14. (14) "Utility geothermal small power production facility" means a small power production facility that uses geothermal energy as the primary energy resource and of which more than fifty percent (50%) is owned either by:

    1. (A) An electric utility or utilities, electric utility holding company or companies, or any combination thereof; or
    2. (B) Any company fifty percent (50%) or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote by an electric utility, electric utility holding company, or any combination thereof; and
15. (15) "Waste" means by-product materials other than biomass.

Codification Notes: This section was promulgated as Section 2.2 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules. 15 U.S.C. § 79 et seq. was repealed by Pub. L. No. 109-58.