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278.700 Definitions for KRS 278.700 to 278.716.
As used in KRS 278.700 to 278.716, unless the context requires otherwise: <br>(1) "Board" means the Kentucky State Board on Electric Generation and Transmission
Siting created in KRS 278.702;
(2) "Merchant electric generating facility" means, except for a qualifying facility as
defined in subsection (7) of this section, an electricity generating plant, together <br>with associated facilities, that: <br>(a) Is capable of operating at a capacity of ten megawatts (10MW) or more; and <br>(b) Sells the electricity it produces in the wholesale market, at rates and charges
not regulated by the Public Service Commission;
(3) "Person" means any individual, corporation, public corporation, political
subdivision, governmental agency, municipality, partnership, cooperative <br>association, trust, estate, two (2) or more persons having a joint or common interest, <br>or any other entity, and no portion of KRS 224.10-280, 278.212, 278.214, 278.216, <br>278.218, and 278.700 to 278.716 shall apply to a utility owned by a municipality <br>unless the utility is a merchant plant as defined in this section;
(4) "Commence to construct" means physical on-site placement, assembly, or
installation of materials or equipment which will make up part of the ultimate <br>structure of the facility. In order to qualify, these activities must take place at the <br>site of the proposed facility or must be site-specific. Activities such as site clearing <br>and excavation work will not satisfy the commence to construct requirements;
(5) "Nonregulated electric transmission line" means an electric transmission line and
related appurtenances for which no certificate of public convenience and necessity <br>is required; which is not operated as an activity regulated by the Public Service <br>Commission; and which is capable of operating at or above sixty-nine thousand <br>(69,000) volts;
(6) "Residential neighborhood" means a populated area of five (5) or more acres
containing at least one (1) residential structure per acre; and
(7) "Qualifying facility" means a cogeneration facility as defined in 16 U.S.C. sec.
796(18)(b) which does not exceed a capacity of one hundred fifty megawatts <br>(150MW) that is located on site at a manufacturer's plant and that uses steam from <br>the cogeneration facility in its manufacturing process, or an industrial energy facility <br>as defined in KRS 224.01-010 that does not generate more than one hundred fifty <br>megawatts (150MW) for sale and has received all local planning and zoning <br>approvals.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 73, sec. 4, effective June 26, 2007. -- Amended
2006 Ky. Acts ch. 138, sec. 1, effective July 12, 2006. -- Created 2002 Ky. Acts <br>ch. 365, sec. 1, effective April 24, 2002.
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