Section 407-313-2 - DEFINITIONSA.Benefits of Distributed Generation Under Net Energy Billing. "Benefits of distributed generation under net energy billing" means all benefits determined by the Commission to be attributable to distributed generation projects under 35-A M.R.S. §§ 3209-A and 3209-B, including but not limited to: 1. Avoided energy and capacity costs. In determining avoided energy and capacity costs, the Commission must use reasonable estimates of energy and capacity market prices and account for transmission and distribution line losses. The Commission may determine different avoided costs for different time periods, including but not limited to peak and off-peak periods and summer and winter periods;2. Avoided transmission and distribution costs. In determining avoided transmission and distribution costs, the Commission must use estimates of the marginal transmission and distribution costs and may determine different avoided costs for different time periods;3. Avoided fossil fuel costs. The Commission must determine avoided fossil fuel costs based on estimated reductions in oil, gas or other fossil fuel use and estimated market prices for these fuels;4. Avoided transmission and distribution line losses;5. Demand reduction induced price effects;6. Transmission and distribution plant extensions or upgrades funded by net energy billing customers; and7. Any other benefits identified by the Commission.B.Collocated. "Collocated" means an eligible facility that is located on the same premise, property, or development area of a net energy billing customer facility or facilities that are subscribed to that eligible facility.C.Commercial or Institutional Customer. "Commercial or institutional customer" means a nonresidential customer of an investor-owned transmission and distribution utility in Maine.D.Competitive Electricity Provider. "Competitive electricity provider" means a supplier, marketer, broker, aggregator, or any other entity selling electricity supply that is not standard offer service to the public at retail in Maine.E.Consumer-owned Transmission and Distribution Utility. "Consumer-owned transmission and distribution utility" has the same meaning as specified in Title 35-A, section 3201(6).F.Continuous On-site Construction Efforts. "Continuous on-site construction efforts" means on-site physical work of a significant nature that occurs in every month until mechanical completion, except for delays in construction due to weather and ground conditions that prevent access by construction vehicles or equipment.G.Customer. "Customer" means a person or an entity that takes electricity service through a transmission and distribution utility in Maine.H.Discrete Electric Generation Facility. "Discrete electric generating facility" means a facility that is not sited at the same location or otherwise in geographic proximity to (i) another eligible facility or (ii) a distributed generation resource as defined in Chapter 312 of the Commission's rules in which there is a common financial or other interest that is contrary to the purpose of Title 35-A, sections3209-A, 3209-B, chapter 34-C.I.Effective Transmission and Distribution rate. "Effective transmission and distribution rate" for a rate class means a rate per kilowatt-hour calculated as the sum of (a) all transmission and distribution revenue collected from customers in the rate class over a given period of time divided by the total kilowatt-hour usage of customers in that rate class over the same period of time.J.Eligible Facility. "Eligible facility" means a discrete electric generating facility that: 1. Has a nameplate of less than 5 megawatts except as provided below;2. Uses a renewable fuel or technology as specified in Title 35-A, section3210(2) (B-3), with the additional requirement that a fuel cell must derive its energy from a renewable fuel or technology;3. Is located in the service territory of a transmission and distribution utility in Maine; and4. Qualifies as eligible to participate in net energy billing pursuant to Title 35-A M.R.S. section 3209-A or section 3209-B.Exceptions. The following exceptions apply regarding the nameplate capacity of an eligible facility.
1.Municipal Exception. If a municipality is a customer participating in a net energy billing-kilowatt-hour credit arrangement, the nameplate capacity of an eligible facility located in that municipality that may be used for the net energy billing may be 5 megawatts or more, as long as less than 5 megawatts of metered electricity from the resource is used for net energy billing.2.Consumer-owned Transmission and Distribution Utility Exception. An eligible facility located in a service territory of a consumer-owned transmission and distribution utility must have an installed capacity of 100 kilowatts or less unless the consumer-owned transmission and distribution utility elects to allow facilities with an installed capacity less than 5 megawatts.K.Financial Interest. "Financial interest" means, with respect to an eligible facility, facility ownership or shared ownership, a lease agreement, a power purchase agreement, or other arrangements sufficient to represent a financial interest in an eligible facility.L.Investor-owned transmission and distribution utility. "Investor-owned transmission and distribution utility" has the same meaning as in Title 35-A, section3104, subsection 1, paragraph A.M.ISO-NE. "ISO-NE" means the Independent System Operator of the New England bulk power system.N.Mechanical Completion. "Mechanical completion" means that the eligible facility has been fully physically constructed and is ready for operation.O.Micro-Combined Heat and Power System. "Micro-Combined Heat and Power System" means a system that: 1. Produces heat and electricity from one fuel input, without restriction to specific fuel or generating technology;2. Has an electric generating capacity rating of at least one kilowatt and not more than 30 kilowatts and a fuel system efficiency of not less than 80% in the production of heat and electricity or has an electric generating capacity of at least 31 kilowatts and not more than 660 kilowatts and a fuel system efficiency of not less than 65% in the production of heat and electricity;3. May work in combination with supplemental or parallel conventional heating systems;4. Is manufactured, installed and operated in accordance with applicable government and industry standards; and5. Is connected to the electric grid and operated in conjunction with the facilities of a transmission and distribution utility.P.Net Energy. "Net energy" is the difference between the kilowatt-hours consumed by a customer or shared financial interest customers and the kilowatt-hours generated by the customer's or shared financial interest customers' eligible facility over a billing period.Q.Net Energy Billing. "Net energy billing" means net energy billing arrangements under Title 35-A M.R.S. sections 3209-A or 3209-B.R.Net Energy Billing Costs. "Net energy billing costs" means all legitimate and verifiable costs incurred by a transmission and distribution utility directly attributable to net energy billing. "Net energy billing costs" does not include any costs incurred by a Project Sponsor, a net energy billing customer or any other entity.S.Net Energy Billing - Kilowatt-Hour Credit. "Net energy billing-kilowatt-hour credit" is a billing and metering practice under which a customer or shared financial interest customers are billed on the basis of net energy taking into account unused kilowatt-hour credits from the previous billing period, subject to the provisions of this Chapter.T.Net Energy Billing - Tariff Rate. "Net energy billing-tariff rate" is a billing and metering practice under which a customer or shared financial interest customers receive dollar-valued bill credits calculated and applied in accordance with Section 3(J) of this Chapter.U.NMISA. "NMISA" means the Northern Maine Independent System Administrator of the electricity market in northern Maine.V.On-site Physical Work of a Significant Nature. "On-site physical work of a significant nature" means the installation of apparatus or equipment meant to support generating equipment, such as racking, groundscrews, pilings, ballasts, or grounding systems and the installation of any electricity generating equipment, such as photovoltaic modules or panels, turbines, or boilers.W.Project Sponsor. "Project sponsor" means an entity or its successor or assignee that develops, owns, manages, operates, solicits customers or is otherwise the responsible entity for a shared financial interest eligible facility.X.Renewable Energy Credit. "Renewable energy credit" means a credit or certificate that represents renewable attributes of electric power that may be traded separately from the energy commodity.Y.Shared financial Interest. "Shared financial interest" means a financial interest in an eligible facility that is shared among a group of customers.Z.Shared Financial Interest Customers. "Shared financial interest customers" mean customers that have a financial interest in an eligible facility.AA.Shared Financial Interest Facility. "Shared financial interest facility" means an eligible facility in which more than one customer has shared financial interest.BB.Standard Offer Provider. "Standard offer provider" means a provider of standard offer service chosen pursuant to Chapter 301 of the Commission's rules.CC.Tariff Rate. "Tariff rate" means the applicable rate established in accordance with section 3(K).DD.Transmission and Distribution Utility. "Transmission and distribution utility" has the same meaning as specified in Title 35-A, section 102(20-B).65-407 C.M.R. ch. 313, § 2