38.5.1901    DEFINITIONS

(1) For purposes of these rules, the following definitions apply:

(a) "Avoided costs" is defined as provided in 18 CFR 292.101(b)(6).

(b) "Cogeneration facility" is defined as provided in 18 CFR 292.202(c).

(c) "Commission" means the Montana Public Service Commission.

(d) "FERC" means the Federal Energy Regulatory Commission.

(e) "Interconnection costs" is defined as provided in 18 CFR 292.101(b)(7).

(f) "Production profile" means the expected hourly generation output of a qualifying facility for a full year based on an engineering analysis of the qualifying facility’s power production capabilities and fuel use or availability.

(g) "Purchase" is defined as provided in 18 CFR 292.101(b)(2).

(h) "Qualifying facility" or "facility" means a cogeneration facility or small power production facility that meets the criteria established by FERC regulations in 18 CFR, Part 292, the requirements of 69-3-601, MCA, and has self-certified or been certified by FERC.

(i) "Rate" is defined as provided in 18 CFR 292.101(b)(5).

(j) "Resource plan" means the utility's integrated least cost resource plan, developed through the process described in Commission rules. 

(k) "Sale" is defined as provided in 18 CFR 292.101(b)(3).

(l) "Small power production facility" is defined as provided in 18 CFR 292.204.

(m) "Standard rates" means those rates for qualifying facilities with a nameplate generating capacity of 3 megawatts or less established in a Commission-approved tariff that:

(i)  in the case of purchases, are based on avoided costs to the utility, and are applicable to all contracts with qualifying facilities that do not choose to negotiate a different rate; or

(ii)  in the case of sales by a utility to a qualifying facility, are the utility's tariff schedules in effect for members of the same class as the qualifying facility.

(n) "System emergency" is defined as provided in 18 CFR 292.101(b)(4).

(o) "Utility" means any public utility, as defined in 69-3-101, MCA, which provides electric service subject to the jurisdiction of the Montana Public Service Commission.

(2) The federal regulations referred to in this rule can be reviewed at the Commission's office or online at https://www.ecfr.gov/current/title-18/chapter-I/subchapter-K/part-292?toc=1.

History: 69-3-103, MCA; IMP, 69-3-102, MCA; NEW, 1981 MAR p. 459, Eff. 5/15/81; AMD, 2018 MAR p. 1298, Eff. 7/7/18; AMD, 2022 MAR p. 1919, Eff. 9/24/22.