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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:
(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 facility or
facilities that, together with all associated structures and facilities:
(a) Are capable of operating at an aggregate capacity of ten megawatts
(10MW) or more; and
(b) Sell the electricity they produce 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 224.1-010 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:April 10, 2014
History: Amended 2014 Ky. Acts ch. 88, sec. 1, effective April 10, 2014. -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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