Rule 17.86.101 - DEFINITIONSIn this subchapter, the following definitions apply:
(1) "Abandon" or "abandonment" means generating 10 percent or less of the monthly maximum generation potential, as determined by the facility's nameplate capacity, each month for 12 consecutive months. (2) "Board" means the Board of Environmental Review as defined in 75-26-301, MCA. (3) "Collateral bond" means an indemnity agreement for a fixed amount, payable to the department, executed by the owner and supported by the deposit with the department of cash, negotiable bonds of the United States (not treasury certificates), state or municipalities of the United States, negotiable certificates of deposit or an irrevocable letter of credit of any bank organized or authorized to transact business in the United States or other surety acceptable to the department.(4) "Commenced commercial operation" means: (a) for a solar facility, the first date the facility's cumulative nameplate rated generating capacity is 2 megawatts or more and the facility delivers energy to the distribution or transmission system; or(b) for a wind generation facility, the date the turbine commissioning completion certification is signed for the specific turbine whose nameplate rated capacity first brings the facility's cumulative nameplate rated generating capacity to 25 megawatts or more.(5) "Decommission" or "decommissioning" has the same meaning as in 75-26-301, MCA.(6) "Department" means the Department of Environmental Quality as defined in 75-26-301, MCA.(7) "Facility" means a wind generation facility or a solar facility.(8) "Landowner" means a person or persons who hold legal title to the real property where a facility is located.(9) "Owner" has the same meaning as in 75-26-301, MCA.(10) "Owns a 10 percent or greater share of the facility" means having ownership of 10 percent or greater in capital stock of the corporation that owns the facility or having a 10 percent or greater ownership interest in a partnership or limited liability company that owns the facility: (a) for a wind generation facility that commenced commercial operation on or before May 3, 2017, on May 3, 2017, and thereafter; (b) for a wind generation facility that commenced commercial operation after May 3, 2017, at commencement of commercial operation and thereafter;(c) for a solar facility that commenced commercial operation on or before May 7, 2019, on May 7, 2019, and thereafter; and(d) for a solar facility that commenced commercial operation after May 7, 2019, at commencement of commercial operation and thereafter.(11) "Person" has the same meaning as in 75-26-301, MCA.(12) "Private bonding" means the terms and conditions of a lease agreement between a landowner and an owner that incorporate bonding requirements for decommissioning a facility.(13) "Repurposed" has the same meaning as in 75-26-301, MCA.(14) "Significant investment" means a capital investment in an equipment project associated with a facility that the owner has demonstrated to the department will extend the useful life of the facility by more than five years. The equipment project must be completed in three years or less. If a wind generation facility removes all wind turbines and existing pads and installs new wind turbines on new pads, the facility is a new facility and not a repurposed facility. If a solar facility is removed and a new solar facility is installed in the same location, the facility is a new facility and not a repurposed facility.(15) "Solar facility" has the same meaning as in 75-26-301, MCA.(16) "Surety bond" means an indemnity agreement in a certain sum, payable to the department, executed by the owner, that is supported by the payment guarantee of a corporation authorized to do business as a surety in Montana.(17) "Wind generation facility" has the same meaning as in 75-26-301, MCA.Mont. Admin. r. 17.86.101
NEW, 2018 MAR p. 94, Eff. 1/13/2018; AMD, 2020 MAR p. 957, Eff. 5/30/2020AUTH: 75-26-310, MCA; IMP: 75-26-301, 75-26-304, MCA