(a) For the purposes of this Chapter, the terms hereinafter listed shall have the following meanings:

1. (1) Biofuel means a liquid or solid fuel derived from biomass through chemical, thermal, or biological processes.
2. (2) Biogas means a gas produced by the breakdown of biomass, typically yielding a mixture of methane and carbon dioxide.
3. (3) Biogas, biofuel, and biomass research and development means any efforts or activities to develop innovations that improve methods for growth, production, processing, or end-use efficiency of biogas, biofuel, and biomass.
4. (4) Biomass means a biological material, including but not limited to plant material and the biogenic portion of municipal solid waste.
5. (5) Board means the State Energy Planning Board established under subdivision one of section 6-102 of the Energy Law.
6. (6) Bulk system operator, or BSO, means the New York independent system operator, or its successor.

7. (7) Capability period, for the electricity sector, means six month periods which are established as follows:

   1. (i) from May 1st through October 31st of each year (summer capability period); and
   2. (ii) from November 1st of each year through April 30th of the following year (winter capability period); or such other periods as may be determined by the bulk system operator. A summer capability period followed by a winter capability period shall be referred to as a capability year.
8. (8) Capacity means the capability to generate or transmit electrical power, or the ability to control demand at the direction of the bulk system operator, measured in megawatts (MW).
9. (9) Chair means the chair of the board, who shall be the President of the New York State Energy Research and Development Authority.
10. (10) City gate means a point or measuring station at which a local distribution company receives natural gas from a natural gas pipeline company or transmission system.
11. (11) Cogeneration means the production of electrical energy and another form of useful energy, such as heat or steam, through the sequential use of energy.
12. (12) Coincident peak demand means the electricity demand of individual customers, group of customers, or sub-systems that occurs at the same time of peak demand of the entire electric power system. Coincident peak demand may be identified for both summer and winter periods.
13. (13) Control efficiency means the ratio of the amount of a pollutant removed from effluent gases by a control device to the total amount of pollutant without control.
14. (14) Co-products means other products made as a result of biofuel and biomass production, including but not limited to livestock feed, sweeteners, fibers, and oil.
15. (15) Delivery means the physical transfer of natural, synthetic, or supplemental gas from facilities operated by the responding company to facilities operated by others or to consumers.
16. (16) Electricity research and development means any efforts or activities to develop innovations that improve and/or advance more efficient or lower emitting methods for generation, transmission, distribution, or end-use of electricity.
17. (17) Electricity transmission and distribution company means a company that owns and operates electric transmission and distribution assets.
18. (18) End-user means the person that ultimately consumes the energy solely for its own purposes and does not sell such energy for resale or further distribute such energy other than for its own consumption.
19. (19) End-use energy efficiency, renewable and emerging technology research and development means activities or projects engaged in for the purpose of developing technological innovations or improvements at the customer-sited level that enable needed functions to be performed with less energy expended or with energy sources that are renewable and sustainable.
20. (20) Energy efficiency means methods and technologies that can reduce the input requirements of energy, electricity, or fuel used to accomplish the same level of output.
21. (21) Energy service company means a person that provides energy commodity services for end-users and/or finances, installs, implements or otherwise facilitates energy efficiency, cogeneration, on-site energy production, demand response, aggregation of energy and/or demand reduction, and/or other measures and services for end-users.
22. (22) Expansion pipeline capacity projects means any additional through put capacity gained by an additional pipeline or system modifications that increase the volume transported through existing pipelines.
23. (23) Firing type means boiler configuration, such as, but not limited to, tangential, wall-fired, cyclone or stoker.
24. (24) Fuel type means the fuel used to produce energy, heat, steam, or other usable form of output and includes, but is not limited to, natural gas, distillate oil, residual oil, kerosene, methane gas, uranium, coal, (such as anthracite, bituminous, sub-bituminous, or lignite), biofuel, biogas, biomass, sunlight, water, and wind.
25. (25) Gathering system means a network of smaller pipelines leading from well heads into larger processing or pipeline systems.
26. (26) Generation unit means a facility supplying electric capacity and/or producing electricity or ancillary services and/or an electric energy storage facility that is accessible to the New York control area.
27. (27) Hearing officer means the person(s) designated by the chair to conduct any hearing held under this Chapter. The hearing officer shall have all the powers of the board in the conduct of hearings.
28. (28) Heat rate means to measure a generating station thermal efficiency, generally expressed in BTUs per net kilowatt-hour. The net heat rate is computed by dividing the total British thermal unit, or BTU, content of fuel burned for electric generation by the resulting net available kilowatt-hour generation. Average annual heat rate is the net heat rate computed over the period of a calendar year. In the case of cogeneration facilities, the input BTUs of fuel burned for electric generation should be calculated by taking the input BTUs of fuel used for combustion turbines, steam boilers (excluding backup boilers) and supplemental firing then subtracting the net output BTUs of useful thermal energy provided for purposes other than electric generation.
29. (29) Heat rate penalty means the average percentage increase in average annual heat rate which results from the application of a particular emission control technology.
30. (30) In-state natural gas production means natural gas extracted within the boundaries of New York State.

31. (31) Independent oil supplier means any entity:

    1. (i) involved in the production of oil with less than $5,000,000 per year in retail sales and who do not refine more than 75,000 barrels per day; or
    2. (ii) commonly referred to as a "jobber", who is involved in the purchase of petroleum products from refiners for the purpose of resale to retailers; or
    3. (iii) exclusively involved in the retail provision of petroleum based products.
32. (32) Integrated major oil company means any entity engaged in one or multiple phases of the oil or petroleum business, ranging from upstream exploration and production to downstream functions relating to transportation, refining, marketing and retail whose revenues exceed $5,000,000 per year from retail sales of petroleum products or natural gas.
33. (33) Interface means a defined set of transmission facilities that separate load zones and that separate the New York control area from adjacent control areas.
34. (34) Interstate natural gas pipeline means any pipeline operator engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. 717 et seq.
35. (35) Intrastate natural gas pipeline means any pipeline operator engaged in natural gas transportation (not including gathering system) which is not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act (15 U.S.C. 717 et seq.), other than any such pipeline which is not subject to the jurisdiction of the Federal Energy Regulatory Commission solely by reason of section 1(c) of the Natural Gas Act (15 U.S.C. 717[c]).
36. (36) Liquefied natural gas, or LNG, means natural gas stored as a cryogenic liquid.
37. (37) Load means the amount of electric power, as measured in kilowatts or megawatts, required at any specified point or points on a system at a specific moment in time by an end-user or group of end-users.
38. (38) Load shape means the distribution of energy requirements over time and is derived from plotting energy requirements on a chart or graph, which produces a graph whose curve usually has a distinctive shape. As energy requirements change, the shape of the graph also changes, so the redistribution of demand or load is referred to as changing the load shape.
39. (39) Load zone means 1 of 11 geographical areas located within the New York control area that is bounded by one or more of the 14 New York State interfaces.
40. (40) Local distribution company, or LDC, means any person engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption, other than a natural gas interstate pipeline, intrastate pipeline, storage company or gathering system.
41. (41) Major biomass supplier or processor means a major solid biomass supplier or processor that supplies or processes items within New York State such as, but not limited to corn, oilseeds, switchgrass, and forest products. Major biogas or biofuel producer means a major liquid or solid biofuel or biogas producer that manufactures items within New York State such as, but not limited to, ethanol, biodiesel, wood pellets, and manufactured logs. Major biomass supplier or processor is any entity that has the capacity to supply or process more than 20,000 tons of biomass annually. Major biofuel producer is any entity that has the capacity to produce more than 10 million gallons of liquid biofuel annually or more than 20,000 tons of solid biofuel annually. Major biogas producer is any entity that has the capacity to produce more than 100 million cubic feet of biogas annually.
42. (42) Major coal supplier means any person who, during the preceding calendar year, acted as a producer, broker, transporter, or wholesaler of 25,000 tons or more of anthracite, bituminous, sub-bituminous or lignite coal delivered into the State distribution system for use within the State.
43. (43) Major electricity supplier means any entity other than the bulk system operator involved in the generation, transmission or distribution of greater than 10 megawatts electric power, the provision of voltage support, backup or spinning reserve or other grid-related ancillary services for sale into the bulk wholesale electric power system in New York.
44. (44) Major energy supplier means any of the following: major electricity supplier; major natural gas supplier; major petroleum supplier; major coal supplier; major steam supplier; major biomass supplier or processor; or major biogas or biofuel producer.
45. (45) Major natural gas supplier means any local distribution company operating in franchised service territories serving 14,000 customers or more, persons engaged in extraction of natural gas from in-state geologic formations, storage companies, or any intrastate and interstate natural gas pipeline company providing service within and to the State.

46. (46) Major petroleum supplier means any person who, during the preceding calendar year, made the first sale, involving either physical delivery or exchange agreements, of any petroleum product or crude oil, other than raw material input for refinery runs, into the State for use within the State, provided that either the total annual volume of all such sales exceeded 2,500,000 barrels or such sales of propane alone exceeded 250,000 gallons. Such term includes:

    1. (i) independent oil suppliers; and
    2. (ii) pipeline companies which are used to deliver refined petroleum fuels into the State and barge companies which annually deliver more than one million gallons of refined petroleum fuels into the State.
47. (47) Major steam supplier means any steam corporation operating in franchised service territories.
48. (48) Municipality means an incorporated city, county, town, or village.
49. (49) Nameplate rating means the maximum rated output of a generator under specific conditions designated by the manufacturer.
50. (50) Natural gas-fired project means an electric generating facility operating with natural gas as an input fuel to the plant, including but not limited to turbines, engines or boilers.
51. (51) Natural gas research and development means any effort or activity to develop innovations that improve and/or advance natural gas exploration, production, delivery, and/or end-use.
52. (52) New York control area, or NYCA, means the portion of the bulk electric system under the operational control of or subject to notification by the bulk system operator.
53. (53) New York independent system operator, or NYISO, means the not-for-profit corporation, or any successor organization, responsible for operating the State's bulk electricity grid, administering New York's competitive wholesale electricity markets, and conducting comprehensive long-term planning for the State's electric power system serving New York State. NYISO is the federally designated electric bulk system operator in New York.
54. (54) New York State Reliability Council, or NYSRC, means an entity which promulgates criteria and standards to reliably plan and operate the New York State bulk power system, and which establishes the annual statewide installed capacity requirement.
55. (55) Non-coincident peak demand is the actual individual electric power peak demand of each customer or sub-system whose time of occurrence does not necessarily coincide with the time of peak demand for the entire electric power system.
56. (56) Once through cooling means a power plant cooling system that withdraws water directly from a water body, moves it through a condenser where it absorbs heat from the boiler steam and then discharges back into the source water body at an elevated temperature.
57. (57) Peak day means the one day consisting of a 24 hour-period (midnight-11:59 p.m.) with the highest demand of natural gas or electricity during a month or year.
58. (58) Person means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity.
59. (59) Petroleum plans means the plans of the major petroleum suppliers containing the information required by section 6-106 of the Energy Law and this Chapter.
60. (60) Petroleum research and development means any efforts or activities to identify potential areas and develop innovations that improve or advance methods for exploration, production, processing, or end-use of petroleum and refined petroleum products.
61. (61) Planning period means a time period designated by the board.
62. (62) Principal structure means the main design type of the electric transmission facility, including underground/water circuit, wood structure single circuit, wood structure double circuit, steel structure single circuit, steel structure double circuit, or steel structure quadruple circuit.
63. (63) Proposed electric transmission facility means a facility that will, if constructed, have the capacity to transmit electricity from one point to another in an electric power system.
64. (64) PTID means a five digit plant identification number as assigned by the bulk system operator to a generating unit.
65. (65) Records access officer means the person designated by the chair to ensure appropriate response by the board to requests to the board for access to records.
66. (66) Refined petroleum fuels means petroleum fuels used to produce heat and power including, but not limited to, gasoline, jet fuel, distillate fuels (#2 fuel oil, kerosene and diesel), residual oils (#4, 5 and 6 fuel oil, and bunker oil), and liquefied petroleum gases (propane).
67. (67) Requirements, as applied to electricity, means the electric energy requirements of a power system which include, but are not limited to, voltage support, frequency regulation and other services that are necessary to support the transmission of energy from resources to loads while maintaining reliable operation of the transmission system in accordance with mandatory reliability standards, criteria, and rules, and good utility practice.
68. (68) Rerating means changing the stated capacity rating of a generating unit or station.
69. (69) Resource means equipment, structure, or fuel that has the capability to provide energy.
70. (70) Sales means the retail or wholesale transaction of a unit of energy between an energy provider, including but not limited to a utility, and an end-user.
71. (71) Secretary means the person designated by the chair to perform administrative and other functions determined by the chair.
72. (72) Sendout means the gross amount of natural gas introduced into the transmission or distribution system that is needed to meet demand in a given time period.
73. (73) State means New York State.
74. (74) State Energy Plan, or the plan, means a plan adopted by the board pursuant to article 6 of the Energy Law and these regulations.

75. (75) Steam corporation means every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever owning, operating or managing any steam plant:

    1. (i) except where steam is made or produced and distributed by the maker, on or through private property solely for the maker's own use or the use of the maker's tenant and not for sale to others;
    2. (ii) except where steam is made or produced by the maker solely from one or more co-generation or alternate energy production facilities or distributed solely from one or more of such facilities to users located at or near a project site; or
    3. (ii) except where steam is made or produced and distributed solely for the use of its members by a non-profit cooperative corporation organized under the Cooperative Corporations Law.
76. (76) Storage means a facility that stores energy. An electric energy storage facility is a facility that stores electric energy through existing and emerging technologies including, but not limited to, pumped storage hydroelectric generation, compressed air energy systems, batteries, capacitors, and flywheels. A natural gas storage facility is a facility that stores natural gas, either above or below ground. A petroleum storage expansion project is any significant modification or expansion of petroleum storage or transshipment facilities with total storage capacity above 400,000 gallons that will result in the construction of new storage tanks or alteration of the intended use of existing tanks.
77. (77) Summer season sales natural gas means sales from April through October directly to a retail or end-use customer.
78. (78) Throughput is a measurement of the amount of oil or gas product flowing through a pipeline.
79. (79) Transportation capacity (firm and interruptible) means pipeline capacity available for purchase or use by entities other than that which originally contracted for it.
80. (80) Unit availability means the number of hours per year the unit was capable of producing electricity, whether it actually produced electricity or not, based on the unit's forced outage rate.
81. (81) Unit type describes the technology used to produce electricity or heat and may include but not limited to natural gas (combustion) turbine, combined cycle, cogeneration, steam turbine, fuel cell, conventional hydro, integrated coal gasification, internal combustion, jet engine, nuclear steam (boiling water reactor or pressurized water reactor), pumped storage hydropower, flywheel technology, photovoltaic, and wind turbine.
82. (82) Winter season sales means natural gas sales from November through March directly to a retail or end-use customer.