Section 810-RICR-40-05-1.3 - DefinitionsA. Except as otherwise expressly provided, terms with initial capitalization used in these regulations and not defined herein shall have the meaning as defined in the NEPOOL Rules and/or the Commission's "Rules and Regulations Governing the Implementation of a Renewable Energy Standard."1. "Commercially reasonable" means terms and pricing that are reasonably consistent with what an experienced power market analyst would expect to see in transactions involving newly developed renewable energy resources as determined by the Commission. Commercially Reasonable shall include having a credible operation date, as determined by the commission, but a project need not have completed the requisite permitting process to be considered Commercially Reasonable.2. "Commission" means the Rhode Island Public Utilities Commission.3. "Credible operation date" means that a project is more likely than not to come on line within ninety (90) days of that which is projected as evidenced by documents filed by a Renewable Energy Developer showing, at a minimum, the following: commencement of permitting processes, a plan for completing all permitting processes, viable resource assessment or fuel supply plans and agreements, viable financing plans, viable installation and electrical interconnect plans, material progress toward acquisition of real property rights and evidence of material vendor activity. In determining whether an operation date proposed by a developer is credible, the Electric Distribution Company Commission shall give substantial consideration to the developer's experience in completing similar projects by proposed dates, the track record and state of development of the particular technology being proposed, assignment of an ISO queue position, if required, and the developer's ability to secure financing necessary to complete the project by the proposed date.4. "Division" means the Rhode Island Division of Public Utilities and Carriers.5. "Electric distribution company" means a company defined in subsection R.I. Gen. Laws § 39-1-2(12), supplying standard offer service, last resort service, or any successor service to end-use customers, but not including the Block Island Power Company or the Pascoag Utility District.6. "FERC" means Federal Energy Regulatory Commission.7. "Generation attributes" means the non-price characteristics of the electrical energy output of a generation unit including, but not limited to, the unit's location, fuel type, actual emissions, vintage and policy eligibility. The Commission may modify this list as appropriate.8. "ISO" means ISO New England Inc., authorized by the FERC to exercise for the New England Control Area the functions required pursuant to FERC's Order No. 2000 and the FERC's corresponding regulations, and any successor organization.9. "Load asset" means the term as used in the New England Markets.10. "Long-term contract" means a contract of ten (10) to fifteen (15) years in duration, or of a term greater than fifteen (15) years upon approval of the Commission.11. "Minimum long-term contract capacity" means ninety (90) megawatts of which three (3) megawatts must be solar or photovoltaic projects located in the State of Rhode Island. In determining whether the minimum long-term contract capacity has been reached, the capacity under contract shall be adjusted by the capacity factor of each renewable generator as determined by the ISO-NE rules, as they may change from time to time. By way of example, a contract with a one hundred (100) megawatt facility with a thirty percent (30%) capacity factor would be counted as providing thirty (30) megawatts to the minimum long-term contract capacity requirement.12. "NEPOOL GIS" means the Generation Information System operated by NEPOOL, its designee or successor entity, which includes a generation information database and certificate system, and that accounts for certain of the Generation Attributes of electrical energy consumed within, imported into or exported from NEPOOL.13. "NEPOOL GIS certificate" means an electronic record produced by the NEPOOL GIS that identifies certain of the Generation Attributes of each megawatt-hour of electrical energy accounted for in the NEPOOL GIS.14. "NEPOOL" means the New England Power Pool or its successor.15. "NEPOOL rules" means all rules adopted by NEPOOL or the ISO, as such rules may be amended, modified, supplemented or superseded and restated from time to time, including but not limited to, the NEPOOL Agreement, the ISO Tariff, the ISO New England Operating Documents, the Transmission Operating Agreement, the Participants Agreement, the NEPOOL Manuals, and the NEPOOL Operating Procedures, as amended, superseded or restated from time to time.16. "New England markets" means the Markets or programs for the purchase of energy, capacity, ancillary services, demand response services, NEPOOL GIS Certificates, or other related products or services (including Financial Transmission Rights) that are delivered through or useful to the operation of the New England Transmission System and that are administered by the ISO pursuant to rules, rates, or agreements on file from time to time with the FERC.17. "Newly developed renewable energy resource" means electrical generation units that use exclusively an Eligible Renewable Energy Resource as defined in R.I. Gen. Laws § 39-26-5 and the Commission's "Rules and Regulations Governing the Implementation of a Renewable Energy Standard" and that have neither begun operation nor have the developers of the units implemented investment or lending agreements necessary to finance the construction of the unit; provided, however, that any projects using Eligible Renewable Energy Resources and located within the state of Rhode Island which obtain project financing on or after January 1, 2009, shall qualify as Newly Developed Renewable Energy Resources for purposes of the first solicitation under R.I. Gen. Laws § 39-26.1-3.18. "Renewable energy developer" means a person or entity engaged in the design, construction and/or operation of Newly Developed Renewable Energy Resources.810 R.I. Code R. 810-RICR-40-05-1.3