Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-11-2 - DefinitionsUnless the context clearly requires a different meaning, all terms contained in this section are defined by their plain meanings. This section contains definitions for terms that appear through this rule.
2.1. "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, unless an application for a new or modified siting certificate is pending before the Public Service Commission. A facility will not be considered abandoned during any period in which the facility is being repowered, subject to any commencement or completion deadlines set by the Public Service Commission.2.2. "Act" means The West Virginia Wind and Solar Energy Facility Reclamation Act, West Virginia Code § 22-32-1, et seq.2.3. "Alternative decommissioning agreement" is a legally binding agreement providing for decommissioning of a solar generation facility or a wind generation facility that can be enforced by a qualified independent party and that has been approved by the Department of Environmental Protection or the Public Service Commission.2.4. "Board" means the Environmental Quality Board as defined in West Virginia Code § 22B-1-7.2.5. "Bond" means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act.2.6. "Commenced commercial operation" means the first date the solar generation or wind generation facility delivers energy to the distribution or transmission system.2.7. "Decommission" or "decommissioning" means:2.7.a. The removal and proper disposal of the solar generation facility and its foundation after the end of the facility's useful life or abandonment; or2.7.b. The removal and proper disposal of an aboveground wind turbine tower and its foundation after the end of a wind generation facility's useful life or abandonment; and2.7.c. Except as otherwise provided in §22-32-4 of the Act, the removal and proper disposal with a wind generation or solar generation facility; and2.7.d. Except as otherwise provided in §22-32-4 of the Act, the reclamation of the surface lands upon which buildings, equipment, and equipment foundations using backfill and compacting of soil in order to return the surface to beneficial use and to prevent adverse hydrologic effects.2.8. "Decommissioning agreement" is any lease, contract, deed, administrative order, or other legally binding document requiring the owner of a wind generation or solar generation facility to decommission such facility.2.9. "Department" means the West Virginia Department of Environmental Protection.2.10. "Facility" means a wind or solar generation facility as defined in West Virginia Code § 22-32-3(f) or (g).2.11. "Landowner" means a person or persons who hold legal title to the real property where a wind or solar generation facility is located.2.12. "Owner" means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity.2.13. "Person" means any individual, firm, partnership, company, association, corporation, limited liability company, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not.2.14. "Qualified independent party" is a public or private entity that, with regard to a wind or solar generation facility, has no ownership interest in such facility. Qualified independent parties include county commissions. Qualified independent parties also include landowners who have no ownership interest in a wind or solar generation facility located on the landowner's real property.2.15. "Repowering" means substantial upgrades or changes in solar or wind generation equipment that will extend the operational life of a solar or wind generation facility.2.16. "Solar generation facility" means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.2.17. "Wind generation facility" means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.