2999 DEFINITIONS

2999.1 For the purposes of this chapter:

"Adjacent PJM State" means a state that is adjacent to the PJM Interconnection Region. The following states are deemed adjacent to the PJM Interconnection Region as of October 2007: Alabama, Arkansas, Georgia, Iowa, Mississippi, Missouri, New York, South Carolina, and Wisconsin. The adjacent states will vary as the boundary of the PJM Interconnection Region changes over time.

"Adjacent Control Area" means an electric control area that is adjacent to the PJM Interconnection Region. The following control areas are deemed adjacent to PJM as of November 2005: Alliant Energy - CA - ALTE; Alliant Energy - CA - ALTW; Ameren Transmission; Central Illinois Light Co.; Cinergy Corporation; City Water Light & Power; Duke Power Company; East Kentucky Power Cooperative, Inc.; First Energy Corporation; Illinois Power Company; Indianapolis Power & Light Company; LG&E Energy Transmission Services; Michigan Electric Coordinated Systems; MidAmerican Energy Company; New York Independent System Operator; Northern Indiana Public Service Company; Ohio Valley Electric Corporation; Progress Energy Carolinas - EAST; Progress Energy Carolinas - WEST; Tennessee Valley Authority; and Wisconsin Energy Corporation. The adjacent control areas will vary as the boundary of the PJM Interconnection Region changes over time.

"Behind-the-meter generator" or "BTM generator" means a renewable on-site generator that is located behind a retail customer meter such that no utility-owned transmission or distribution facilities are used to deliver the energy from the generating unit to the on-site generator's load.

"Brush" means shrubs and stands of short, scrubby trees that do not reach merchantable size.

"Commission" means the Public Service Commission of the District of Columbia.

"Customer generation" means generation that is not principally dedicated for sale into the wholesale electricity market.

"Dunnage" means loose materials or padding used to support or protect cargo within shipping containers.

"Energy Office" means the District of Columbia Department of the Environment's Energy Office.

"Electricity supplier" means a person, including an aggregator, broker, or marketer, who generates electricity; sells electricity; or purchases, brokers, arranges or, markets electricity for sale to customers. The term excludes the following:

(a) Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to occupants of the building for use by the occupants;

(b) Any person who purchase electricity for its own use or for the use of its subsidiaries or affiliates; or

(c) Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not:

(1) Take title to the electricity;

(2) Market electric services to the individually-metered tenants of the building; or

(3) Engage in the resale of electric services to others;

(d) Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property; and

(e) A consolidator.

"Fund" means the District of Columbia Renewable Energy Development Fund.

"PJM Interconnection" means the regional transmission organization that is regulated by the Federal Energy Regulatory Commission and functionally controls the transmission system for the region that includes the District of Columbia.

"PJM Interconnection region" means the area within which the movement of wholesale electricity is coordinated by the PJM Interconnection, L.L.C. With respect to qualifying Renewable Energy Credits, the following states are deemed within the PJM Interconnection Region as of October 2007: Delaware, the District of Columbia, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia.

"Qualifying biomass" means a solid, non-hazardous, cellulosic waste material that is segregated from other waste materials, and is derived from any of the following forest-related resources, with the exception of old growth timber, unsegregated solid waste, or post-consumer wastepaper:

(a) Mill residue;

(b) Precommercial soft wood thinning;

(c) Slash;

(d) Brush;

(e) Yard waste;

(f) A waste pallet, crate, or dunnage;

(g) Agricultural sources, including tree crops, vineyard materials, grain, legumes, sugar, and other crop by products or residues; or

(h) Cofired biomass, subject to the condition under § 34-1433(f).

"Renewable energy credit" or "REC" means a credit representing one megawatt-hour of electricity consumed within the PJM Interconnection region that is derived from a tier one renewable source, tier two renewable source, or solar energy source that is located:

(a) In the PJM Interconnection region or in a state that is adjacent to the PJM Interconnection region; or

(b) Outside the area described in subparagraph (a) of this section but in a control area that is adjacent to the PJM Interconnection region, if the electricity is delivered into the PJM Interconnection region.

"Renewable energy portfolio standard" or "standard" means the percentage of electricity sales at retail in the District of Columbia that is to be derived from tier one renewable sources and tier two renewable sources in accordance with § 34-1432(c).

"Renewable on-site generator" means a person that generates electricity on site from a tier one renewable source or tier two renewable source for the person's own use.

"Slash" means:

(a) Tree tops, branches, bark, or other residue left on the ground after logging or other forestry operations; or

(b) Tree debris left after a natural catastrophe.

"Solar energy" means radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.

"Tier one renewable source" means one or more of the following types of energy sources:

(a) Solar energy;

(b) Wind;

(c) Qualifying biomass;

(d) Methane from the anaerobic decomposition of organic materials in a landfill or wastewater treatment plant;

(e) Geothermal;

(f) Ocean, including energy from waves, tides, currents, and thermal differences; and

(g) Fuel cells producing electricity from a tier one renewable source under subparagraph (c) or (d) of this paragraph.

"Tier two renewable source" means one or more of the following types of energy sources:

(a) Hydroelectric power other than pumped storage generation; or

(b) Waste-to-energy.

"Waste-to-energy" means waste treatment, including the use of a licensed facility that burns waste resources in high-efficiency furnaces/boilers, to produce electricity. Such resources include municipal solid waste but exclude waste coal.

3. Additional copies of these final rules may be obtained by writing Dorothy M. Wideman, Commission Secretary, Public Service Commission of the District of Columbia, 1333 H Street, N.W., 2nd Floor, West Tower, Washington, DC 20005.