New Jersey § 48:2-21

§ 48:2-21.

As used in this act: “ Alternative form of regulation ” means a form of regulation of electric or gas utility services other than traditional

rate base, rate of return regulation as embodied in Title 48 of the Revised Statutes,

to be determined by the board; “ Base rate case ” means an open, public hearing before the Board of Public Utilities to consider a

filing by a public utility for a change in base rates, which includes an analysis

of the public utility's income statement and balance sheet for the purpose of determining

the level of revenues necessary to afford the public utility an opportunity to earn

a fair and reasonable rate of return on prudently incurred capital investment in the

public utility's rate base; “ Board ” means the Board of Public Utilities or any successor agency; “ Competitive market ” means a market for a particular utility service that is characterized by the existence

of a number of purveyors, the availability of like or substitute service, ease of

market entry, and such other standards as may be adopted by the board; “ Comprehensive energy audit ” means an assessment of all energy-using systems to determine the consumption characteristics

of a building which shall (1) identify the type, size, and rate of energy consumption

of such building, including industrial processes in the building; (2) identify appropriate

energy conservation maintenance and operating procedures; and (3) indicate the need,

if any, for the acquisition and installation of energy conservation measures; “ Cross subsidization ” means an undue transfer of cost allocation or revenue recovery responsibility; “ Demand side management ” means the management of a public utility's existing or future capacity or energy

needs through the implementation of cost-effective energy efficiency technologies,

including, but not limited to, installed conservation, load management and energy

efficiency measures in the residential, commercial, industrial, institutional and

governmental premises and facilities in the State; “ Marginal energy and capacity cost ” means the incremental increase in a utility's energy and capacity costs associated

with providing an additional increment of utility service, over a specified time period; “ Market pricing ” means charging a negotiated price for utility service which is based upon the price

available in a competitive marketplace, as opposed to a cost-of-service based tariff

rate; “Off-tariff rate” means a rate for utility service charged by a utility to a retail

customer that is the result of a negotiation between the utility and the customer,

rather than being based solely on a cost-of-service based tariff rate; and “ Revenue erosion ” means a reduction in revenues received by a utility resulting from the provision

of an off-tariff rate to a customer, as measured by the difference between the cost-of-service

based tariff rate and the off-tariff rate, as applied to the sales to that customer.