Current through Register Vol. XLI, No. 50, December 13, 2024
Section 53-5-2 - Definitions2.1. "Alternative fuel source" means a source of fuel other than coal, oil, or natural gas; Provided, that current coal plants may consider natural gas an alternative fuel.2.2. "Authority" means the West Virginia Public Energy Authority, as established in W. Va. Code § 5D-1-1et seq.2.3. "Chair" means the Chair of the West Virginia Public Energy Authority.2.4. "Decommissioning activities" means any activity that removes from service or facilitates, furthers, or otherwise prepares for the removal from service, any coal, oil, or natural gas fueled power plant.2.4.1. "Decommissioning activities" does not include any regulatory action before the Public Service Commission of West Virginia ("PSC") or the PJM Interconnection initiated by the Petitioner in anticipation of filing a Petition under this rule.2.5. "Deconstruction activities" means any activity to dismantle, disassemble, or to reduce a coal, oil, or natural gas fueled power plant into its constituent parts such that the plant is no longer able to generate electricity. 2.5.1. "Deconstruction activities" does not include any regulatory action before the PSC or the PJM Interconnection initiated by the Petitioner in anticipation of filing a Petition under this rule.2.6. "Facility" means the coal, oil, or natural gas fueled power plant that is the subject of the Petition pursuant to W.Va. Code § 5D-1-5c, including the parcel of real property upon which the Facility is located, and all other structures, attachments, fixtures, improvements, or personal property, whether above-ground or below-ground, used by the Facility.2.7. "Generating unit" means a generator and its excitation system which converts primary energy into electric energy.2.8. "Green technologies" means technologies that emphasize low carbon emissions.2.9. "Non-producing" means a power plant that is not generating electricity for local or regional grids.2.10. "Novel technologies" means new and different technologies not currently used by the Facility, including unprecedented combinations of existing technologies.2.11. "Owner" means the person(s) or entity having title to the Facility2.12. "Operators" means the person(s) or entity having responsibility for the day-to-day operations of the Facility.2.13. "Petitioner" means the Owner(s) of the Facility and the person(s) or entity seeking approval for decommissioning or deconstruction activities.2.14. "PJM Interconnection or PJM" means the regional transmission organization that coordinates the movement of wholesale electricity in all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and the District of Columbia.2.15. "PSC" means the Public Service Commission of West Virginia, as established in W. Va. Code § 24-1-1et seq.2.16. "Third-party evaluator" means the person selected by Petitioner, and approved by the Authority, to conduct an independent and unbiased analysis of Petitioner's request for decommissioning or deconstruction activities.2.17. "Unreasonably withheld" means to withhold, arbitrarily and capriciously, the approval of decommissioning or deconstruction activities without consideration or regard for the facts and circumstances presented.2.18. "Utility" means any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, distributing or selling electric energy for light, heat, power, or other purposes, which are now or may hereafter be held to be a public service.