278.700 Definitions for KRS 278.700 to 278.716.
As used in KRS 278.700 to 278.716, unless the context requires otherwise:
(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
with associated facilities, that:
(a) Is capable of operating at a capacity of ten megawatts (10MW) or more; and
(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
association, trust, estate, two (2) or more persons having a joint or common interest,
or any other entity, and no portion of KRS 224.10-280, 278.212, 278.214, 278.216,
278.218, and 278.700 to 278.716 shall apply to a utility owned by a municipality
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
structure of the facility. In order to qualify, these activities must take place at the
site of the proposed facility or must be site-specific. Activities such as site clearing
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
is required; which is not operated as an activity regulated by the Public Service
Commission; and which is capable of operating at or above sixty-nine thousand
(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;
(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
(150MW) that is located on site at a manufacturer's plant and that uses steam from
the cogeneration facility in its manufacturing process, or an industrial energy facility
as defined in KRS 224.01-010 that does not generate more than one hundred fifty
megawatts (150MW) for sale and has received all local planning and zoning
approvals; and
(8) "Carbon dioxide transmission pipeline" means the in-state portion of a pipeline,
including appurtenant facilities, property rights, and easements, that is used
exclusively for the purpose of transporting carbon dioxide to a point of sale, storage,
or other carbon management applications.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 82, sec. 5, effective June 8, 2011. -- 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 ch. 365, sec. 1,
effective April 24, 2002.
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