2999

DEFINITIONS

2999.1

For the purposes of this chapter, the following terms and phrases have the following meanings:

Adjacent PJM State - a state that is adjacent to the PJM Interconnection Region. The following states are deemed adjacent to the PJM Interconnection Region as of October 2011: 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.

Behind-the-meter generator or BTM generator - 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.

Black liquor -- the spent cooking liquor from the Kraft process of paper making.

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

Commission - the Public Service Commission of the District of Columbia.

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

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

Energy Office - the District of Columbia Department of Energy & 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:

1. (A) Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;
2. (B) Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

(C) Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not: (i) Take title to electricity; (ii) Market electric services to the individually-metered tenants of his or her building; or (iii) 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;

(E) Consolidators;

(F) Community Renewable Energy Facilities (CREFs) as defined in Section 4199.1 and as described in Sections 4109.1 through 4109.3 of Title 15, pursuant to the Community Renewable Energy Amendment Act of 2013 (D.C. Law 20-47; D.C. Official Code §§ 34-1518 et seq.);

(G) An Electric Company; and

(H) Any Person or entity that owns a behind-the-meter generator and sells or supplies the electricity from that generator to a single retail customer or customers behind the same meter located on the same premise.

Fuel input -- the higher heating value of the input fuel type, measured in BTU/LB, based on the standardized heating type of fuel type, multiplied by the annual fuel used in as delivered tons, multiplied by 2000.

Fund - the District of Columbia Renewable Energy Development Fund.

PJM Interconnection - 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 - the area within which the movement of wholesale electricity is coordinated by the PJM Interconnection, L.L.C. With respect to qualifying RECs, the following states are deemed within the PJM Interconnection Region as of October 2011: Delaware, the District of Columbia, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia.

Qualifying biomass - 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, construction and demolition-derived wood and whole trees that are not part of a closed-loop biomass system, cleared solely for the purpose of energy production, unsegregated solid waste, or post-consumer wastepaper:

(a) Mill residue;

(b) Slash;

(c) Brush;

(d) Yard waste;

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

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

(g) Cofired biomass, subject to the condition under D.C. Official Code § 34-1433(f).

Renewable energy credit or REC - a credit representing one megawatt (1 MWH) hour of electricity produced by a Tier One or Tier Two renewable resource located within the PJM Interconnection region or within a state that is adjacent to the PJM Interconnection region.

Renewable energy portfolio standard or standard - 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 D.C. Official Code § 34-1432(c).

Renewable generator - a person that produces energy from a Tier One renewable source or Tier Two renewable source.

Slash:

(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 - radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy, that is collected, generated, or stored for use at a later time.

Tier One renewable source - one (1) or more of the following types of energy sources:

(a) Solar energy;

(b) Wind;

(c) Qualifying biomass used at a generation unit that achieves a total system efficiency of at least sixty-five percent (65%) on an annual basis, can demonstrate that it achieved a total system efficiency of at least 65% on an annual basis through actual operational data after one year, and that started commercial operation after January 1, 2007;

(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;

(g) Fuel cells producing electricity from a Tier One renewable source under paragraph (c) or (d) of this paragraph; and

(h) Raw or treated wastewater used as a heat source or sink for a heating or cooling system.

Tier two renewable source - one (1) or more of the following types of energy sources:

(a) Hydroelectric power other than pumped storage generation;

(b) Waste-to-energy; or

(c) Qualifying biomass used at a generation unit that started commercial operation on or before December 31, 2006; or achieves a total system efficiency of less than 65%; or uses black liquor.

Total system efficiency - the sum of the net useful thermal energy output measured in BTUs divided by the total fuel input.

Useful thermal energy output - energy in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end use energy requirements and for which fuel or electricity would otherwise be consumed. Useful thermal energy output does not

include thermal energy used for the purpose of drying or refining biomass fuel.

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

SOURCE: Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012); as amended by Final Rulemaking published at 63 DCR 4874 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 4231 (May 5, 2017); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018).