Okla. Admin. Code § 165:40-1-2

Current through Vol. 42, No. 4, November 1, 2024
Section 165:40-1-2 - Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Cogenerator" means a producer qualified under Section 201 of the Public Utility Regulatory Policies Act of 1978 as a cogeneration facility. A facility's power production capacity:

(A) Must be used to produce both electrical and useful thermal energy for industrial commercial, heating or cooling purposes, through the sequential use of energy.
(B) Must meet the applicable standards as to fuel use and efficiencies.
(C) Shall be qualified by FERC.

"Commission" means the Oklahoma Corporation Commission.

"Consumer" means any person, firm, corporation, municipality, or agency or any political subdivision of the United States or the State of Oklahoma receiving electric service of any nature from the cooperative/utility. (Where or when it becomes necessary to designate the particular party who is the consumer/producer for any reason, the person who contracts for electric service or in whose name it is received shall be considered the consumer/producer.)

"Cooperative/utility" means the electric distributive cooperative/utility or the investor owned utility.

"Electricity" means electric power and energy produced, transmitted, distributed, or furnished by or delivered to the cooperative/utility.

"Force majeure" means a cause reasonably beyond the control of the party affected, such as, but without limitation to, injunction, strike of the party's employees, war, invasion, fire, accident, floods, backwater caused by floods, acts of God, or inability to obtain or ship essential services, materials, or equipment because of the effect of similar causes on the party's suppliers or carriers.

"Fraudulent use or sale of electricity" means any unauthorized use of the cooperative/utility electric service by the producer, or unauthorized use of producer generated electricity.

"Meter" means any device or devices used to measure or register electric power and energy.

"NEC" means the National Electrical Code issued by the National Fire Protection Association.

"Premises" means any piece of land or real estate, or any building or other structure or portion thereof or any facility where electric energy is furnished to or delivered by a producer.

"Producer" means a small power producer or cogenerator.

"Prudent utility practices" means the practices, methods, and acts which, in the exercise of reasonable judgment in light of the facts (including but not limited to the practices, methods, and acts engaged in or approved by a significant portion of the electric utility industry prior thereto) known at the time the decision was made, would have been expended to accomplish the desired result at the lowest reasonable cost consistent with good business practices, reliability, safety, and expedition, taking into account the facts that the term "prudent utility practice" is not intended to be limited to the optimum practice, methods, or acts to the exclusion of all others, but rather to be a spectrum of possible practices, methods, or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety, and expedition. "Prudent utility practice" includes due regard for manufacturer's warranties and requirements of governmental agencies of competent jurisdiction.

"PUD" means the Public Utility Division of the Oklahoma Corporation Commission.

"Small power producer" means a facility qualified under Section 201 of the Public Utility Regulatory Policies Act of 1978 as a small power production facility.

"Tariff" shall include every rate schedule, purchase rate schedule or provision thereof, service agreement, purchase agreement and all terms, conditions, rules, and regulations for furnishing electric service or purchasing electric energy.

Okla. Admin. Code § 165:40-1-2

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019