401 Ky. Admin. Regs. 103:005
Current through Register Vol. 51, No. 4, October 1, 2024
Section 401 KAR 103:005 - Definitions for 401 KAR Chapter 103RELATES TO: KRS 224.10-100, 224.10-285, 224.43-345, 278.700 - 278.716
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-285(2) requires the Energy and Environment Cabinet to establish monitoring and enforcement requirements for the obligation established in KRS 278.710(3) through (5), and (7) through (10) and 224.10-100(30) and (31). This administrative regulation defines terms that are used in 401 KAR Chapter 103.
Section 1. Definitions. Unless otherwise specifically defined in KRS Chapter 224 and Chapter 278, terms in 401 KAR Chapter 103 shall have the meanings given in this section. (1) "Abandon" or "Abandonment" means the relinquishment of all rights, title, or claim to the merchant electric generating facility.(2) "Above-ground facility" means any portion of a system or structure located on the surface of the site.(3) "Annual report" means a yearly document that includes all operational activities in the previous year.(4) "Applicant" means any person who is seeking the transfer of a construction certificate for ownership or control, or rights and obligations under a construction certificate, of a constructed and generating merchant electric generating facility.(5) "Cabinet" is defined by KRS 224.1-010(8).(6) "Commence to construct" is defined by KRS 278.700(4).(7) "Components" means: (a) The solar panel or ancillary equipment of a solar array or solar panel system; or(b) A constituent part of the solar panel or solar array.(8) "Construction certificate" means a formal certification approved and issued by the Kentucky State Board on Electric Generation and Transmission Siting (board) that authorizes a person to construct and operate a merchant generating facility.(9) "Construction certificate holder" means any person who received board approval to construct a merchant electric generating facility pursuant to KRS 278.710(1) or any person who received approval to acquire rights and obligations under the construction certificate pursuant to KRS 278.710(3)(b).(10) "Control" is defined by KRS 278.010(19).(11) "Current net salvage value" means, in current US dollars, the: (a) Value of an asset after the asset has become useless to the owner; or(b) Amount expected to be obtained if a fixed asset is disposed of at the end of its useful life and pursuant to KRS 278.706(2).(12) "Decommission" means the process of removing components or facilities at the end of the useful life.(13) "Decommission costs" or "decommissioning costs" means the amount of all costs and expenses incurred in connection with the decommissioning of a merchant electric generating facility pursuant to KRS 278.706.(14) "Decommission plan" or "decommissioning plan" means a plan to retire physical facilities of a merchant electric generating facility, pursuant to KRS 278.706.(15) "Disposal" is defined by KRS 224.1-010(9).(16) "Facility" is defined by KRS 278.010(11).(17) "Hazardous substance" is defined by KRS 224.1-400(1)(a).(18) "Land disposal" is defined by KRS 224.1-010(42).(19) "Landowner" means a person who has legal ownership of land where a merchant electric generating facility is located.(20) "Megawatt" means a unit of power equal to one (1) million watts, measure of output of electrical power.(21) "Merchant electric generating facility" is defined by KRS 278.700(2).(22) "Mitigation measures" means an act or requirement established by the siting board pursuant to KRS 278.708.(23) "Modification" means a change in existing order or certificate, necessary to cure an error.(24) "Monitoring" means the act of systematically inspecting and collecting data on operational parameters or on the quality of a merchant electric generating facility.(25) "Municipal government" means a city, town, or other local authority with an elected governing body.(26) "Net present value" means the difference between the present value inflow and outflow over a period of time and pursuant to KRS 278.706(2).(27) "Ordinance" means an official written act of a local government, the effect of which is general and permanent in nature, which is enforceable by the enacting local government as a local law within its jurisdiction.(28) "Person" is defined by KRS 278.700(3).(29) "Professional engineer" is defined by KRS 322.010(3) and licensed pursuant to KRS 322.040 to engage in the decommissioning of solar electric generating facilities.(30) "Recycling" is defined by KRS 224.1-010(21).(31) "Secretary" is defined by KRS 224.1-010(23).(32) "Service" is defined by KRS 278.010(13).(33) "Solar panel" means a panel or device containing photovoltaic cells designed to absorb and convert sunlight into a source of generating electricity.(34) "Successor" means one who succeeds to the rights to own or control a merchant electric generating facility.(35) "Useful life" means the estimated length of time that depreciable property will generate income.(36) "Waste" is defined by KRS 224.1-010(30).Section 2. Acronyms and Abbreviations. Unless otherwise specifically indicated by context, acronyms and abbreviations used in 401 KAR Chapter 103 shall have the meaning in Table 1 of this section. Table 1. Acronyms and Abbreviations |
KAR | Kentucky Administrative Regulations |
KRS | Kentucky Revised Statutes |
MEGF | Merchant Electric Generating Facility |
MW | Megawatt |
50 Ky.R.1212, 1908, 2047, eff. 6/6/2024STATUTORY AUTHORITY: KRS 224.10-100(28),(30), (31), 224.10-285, 278.710(3) - (5), (7) - (10)