4499

DEFINITIONS

4499.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Behind-the-meter generator” – an on-site generator that is located behind a retail customer’s meter such that no Electric Company-owned transmission or distribution facilities are used to deliver the energy from the generating unit to the on-site load.

Building – all of the individual units served through the same utility-owned meter within a property defined as Class 2 Property under D.C. Official Code § 47-813(c-6)(3) (2005 Repl. & 2011 Supp.).

Building owner, operator, or manager or Owner - any person or entity responsible for the operation and management of a building.

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

Certified lab - a testing facility that includes a utility’s meter testing facility or a facility approved for use by any state regulatory utility commission.

“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;
3. (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;
4. (D) Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;
5. (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.

Energy allocation equipment - any device, other than submetering equipment, used to determine approximate electric or natural gas usage for any nonresidential rental unit within a building.

Energy unit - the billing units for the energy delivered to the nonresidential rental unit—for example, kilowatt-hours, cubic feet, or therms.

Master meter - a meter used to measure for billing purposes, all electric or natural gas usage of a building, including common areas, common facilities, and nonresidential rental units therein.

Natural gas supplier - a person including an aggregator, broker, or marketer, who produces natural gas, sells natural gas, or purchases, brokers, arranges or, markets natural gas for sale to customers. The term shall not include a person that supplies natural gas exclusively for its own consumption or the consumption of one (1) or more of its affiliates. The term shall not include the following:

1. (a) Building owners, lessees, or managers who manage the internal distribution system serving the building and who supply natural gas solely to occupants of the building for use by the occupants;
2. (b) Any person who purchases natural gas for its own use or for the use of its subsidiaries or affiliates, or any apartment building or office building manager who aggregates retail natural gas sales requirements for his or her building, and who does not take title to natural gas, market retail natural gas sales to the individually-metered tenants of his or her building, or engage in the resale of natural gas to others;
3. (c) Property owners who supply small amounts of natural gas, at cost, as an accommodation to lessors or licensees of the property; and

(d) A consolidator.

Nonresidential rental unit - property leased for commercial purposes.

Owner-paid areas - the portion of the real property for which the owner bears financial responsibility for energy costs, which portions include areas outside individual nonresidential units or in owner-occupied or shared areas.

Submetering equipment - equipment used to measure actual electricity or natural gas usage in any nonresidential rental unit when the equipment is not owned or controlled by the electric or natural gas utility serving the building in which the nonresidential rental unit is located.

Tenant - tenant, subtenant, lessee, sublessee, or occupant or occupants entitled to the possession, occupancy or benefits of a nonresidential rental unit. The singular term tenant includes the plural.

Utility - every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company.

SOURCE: Final Rulemaking published at 58 DCR 9521, 9537 (November 11, 2011); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018).