New Jersey § 48:3-51

§ 48:3-51.

As used in P.L.1999, c. 23 ( C.48:3-49 et al.): “ Assignee ” means a person to which an electric public utility or another assignee assigns,

sells, or transfers, other than as security, all or a portion of its right to or interest

in bondable transition property. Except as specifically provided in P.L.1999, c. 23 ( C.48:3-49 et al.), an assignee shall not be subject to the public utility requirements of Title

48 or any rules or regulations adopted pursuant thereto. “ Base load electric power generation facility ” means an electric power generation facility intended to be operated at a greater

than 50 percent capacity factor including, but not limited to, a combined cycle power

facility and a combined heat and power facility. “ Base residual auction ” means the auction conducted by PJM, as part of PJM's reliability pricing model,

three years prior to the start of the delivery year to secure electrical capacity

as necessary to satisfy the capacity requirements for that delivery year. “ Basic gas supply service ” means gas supply service that is provided to any customer that has not chosen an

alternative gas supplier, whether or not the customer has received offers as to competitive

supply options, including, but not limited to, any customer that cannot obtain such

service for any reason, including non-payment for services. Basic gas supply service is not a competitive service and shall be fully regulated

by the board. “ Basic generation service ” or “ BGS ” means electric generation service that is provided, to any customer that has not

chosen an alternative electric power supplier, whether or not the customer has received

offers for competitive supply options, including, but not limited to, any customer

that cannot obtain such service from an electric power supplier for any reason, including

non-payment for services. Basic generation service is not a competitive service and shall be fully regulated

by the board. “ Basic generation service provider ” or “ provider ” means a provider of basic generation service. “ Basic generation service transition costs ” means the amount by which the payments by an electric public utility for the procurement

of power for basic generation service and related ancillary and administrative costs

exceeds the net revenues from the basic generation service charge established by the

board pursuant to section 9 of P.L.1999, c. 23 ( C.48:3-57 ) during the transition period, together with interest on the balance at the board-approved

rate, that is reflected in a deferred balance account approved by the board in an

order addressing the electric public utility's unbundled rates, stranded costs, and

restructuring filings pursuant to P.L.1999, c. 23 ( C.48:3-49 et al.). Basic generation service transition costs shall include, but are not limited to,

costs of purchases from the spot market, bilateral contracts, contracts with non-utility

generators, parting contracts with the purchaser of the electric public utility's

divested generation assets, short-term advance purchases, and financial instruments

such as hedging, forward contracts, and options. Basic generation service transition costs shall also include the payments by an

electric public utility pursuant to a competitive procurement process for basic generation

service supply during the transition period, and costs of any such process used to

procure the basic generation service supply. “ Board ” means the New Jersey Board of Public Utilities or any successor agency. “ Bondable stranded costs ” means any stranded costs or basic generation service transition costs of an electric

public utility approved by the board for recovery pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.), together with, as approved by the board: (1) the cost of retiring existing

debt or equity capital of the electric public utility, including accrued interest,

premium and other fees, costs, and charges relating thereto, with the proceeds of

the financing of bondable transition property; (2) if requested by an electric public

utility in its application for a bondable stranded costs rate order, federal, State , and local tax liabilities associated with stranded costs recovery, basic generation

service transition cost recovery, or the transfer or financing of the property, or

both, including taxes, whose recovery period is modified by the effect of a stranded

costs recovery order, a bondable stranded costs rate order, or both; and (3) the

costs incurred to issue, service , or refinance transition bonds, including interest, acquisition , or redemption premium, and other financing costs, whether paid upon issuance or over

the life of the transition bonds, including, but not limited to, credit enhancements,

service charges, overcollateralization, interest rate cap, swap or collar, yield maintenance,

maturity guarantee or other hedging agreements, equity investments, operating costs,

and other related fees, costs, and charges, or to assign, sell, or otherwise transfer

bondable transition property. “ Bondable stranded costs rate order ” means one or more irrevocable written orders issued by the board pursuant to P.L.1999, c. 23 ( C.48:3-49 et al.) which determines the amount of bondable stranded costs and the initial amount

of transition bond charges authorized to be imposed to recover the bondable stranded

costs, including the costs to be financed from the proceeds of the transition bonds,

as well as on-going costs associated with servicing and credit enhancing the transition

bonds, and provides the electric public utility specific authority to issue or cause

to be issued, directly or indirectly, transition bonds through a financing entity

and related matters as provided in P.L.1999, c. 23 ( C.48:3-49 et al.), which order shall become effective immediately upon the written consent

of the related electric public utility to the order as provided in P.L.1999, c. 23 ( C.48:3-49 et al.). “ Bondable transition property ” means the property consisting of the irrevocable right to charge, collect, and receive,

and be paid from collections of, transition bond charges in the amount necessary to

provide for the full recovery of bondable stranded costs which are determined to be

recoverable in a bondable stranded costs rate order, all rights of the related electric

public utility under the bondable stranded costs rate order including, without limitation,

all rights to obtain periodic adjustments of the related transition bond charges pursuant

to subsection b. of section 15 of P.L.1999, c. 23 ( C.48:3-64 ), and all revenues, collections, payments, money, and proceeds arising under, or

with respect to, all of the foregoing. “ British thermal unit ” or “ Btu ” means the amount of heat required to increase the temperature of one pound of water

by one degree Fahrenheit. “ Broker ” means a duly licensed electric power supplier that assumes the contractual and legal

responsibility for the sale of electric generation service, transmission, or other

services to end-use retail customers, but does not take title to any of the power

sold, or a duly licensed gas supplier that assumes the contractual and legal obligation

to provide gas supply service to end-use retail customers, but does not take title

to the gas. “ Brownfield ” means any former or current commercial or industrial site that is currently vacant

or underutilized and on which there has been, or there is suspected to have been,

a discharge of a contaminant. “ Buydown ” means an arrangement or arrangements involving the buyer and seller in a given power

purchase contract and, in some cases third parties, for consideration to be given

by the buyer in order to effectuate a reduction in the pricing, or the restructuring

of other terms to reduce the overall cost of the power contract, for the remaining

succeeding period of the purchased power arrangement or arrangements. “ Buyout ” means an arrangement or arrangements involving the buyer and seller in a given power

purchase contract and, in some cases third parties, for consideration to be given

by the buyer in order to effectuate a termination of such power purchase contract. “ Class I renewable energy ” means electric energy produced from solar technologies, photovoltaic technologies,

wind energy, fuel cells, geothermal technologies, wave or tidal action, small scale

hydropower facilities with a capacity of three megawatts or less and put into service

after the effective date of P.L.2012, c. 24, methane gas from landfills, methane gas from a biomass facility provided that the

biomass is cultivated and harvested in a sustainable manner, or methane gas from a

composting or anaerobic or aerobic digestion facility that converts food waste or

other organic waste to energy. “ Class II renewable energy ” means electric energy produced at a hydropower facility with a capacity of greater

than three megawatts, but less than 30 megawatts, or a resource recovery facility,

provided that the facility is located where retail competition is permitted and provided

further that the Commissioner of Environmental Protection has determined that the

facility meets the highest environmental standards and minimizes any impacts to the

environment and local communities. Class II renewable energy shall not include electric energy produced at a hydropower

facility with a capacity of greater than 30 megawatts on or after the effective date

of P.L.2015, c. 51 . “ Co-generation ” means the sequential production of electricity and steam or other forms of useful

energy used for industrial or commercial heating and cooling purposes. “ Combined cycle power facility ” means a generation facility that combines two or more thermodynamic cycles, by producing

electric power via the combustion of fuel and then routing the resulting waste heat

by-product to a conventional boiler or to a heat recovery steam generator for use

by a steam turbine to produce electric power, thereby increasing the overall efficiency

of the generating facility. “ Combined heat and power facility ” or “ co-generation facility ” means a generation facility which produces electric energy and steam or other forms

of useful energy such as heat, which are used for industrial or commercial heating

or cooling purposes. A combined heat and power facility or co-generation facility shall not be considered

a public utility. “ Competitive service ” means any service offered by an electric public utility or a gas public utility

that the board determines to be competitive pursuant to section 8 or section 10 of P.L.1999, c. 23 ( C.48:3-56 or C.48:3-58 ) or that is not regulated by the board. “ Commercial and industrial energy pricing class customer ” or “ CIEP class customer ” means that group of non-residential customers with high peak demand, as determined

by periodic board order, which either is eligible or which would be eligible, as determined

by periodic board order, to receive funds from the Retail Margin Fund established

pursuant to section 9 of P.L.1999, c. 23 ( C.48:3-57 ) and for which basic generation service is hourly-priced. “ Comprehensive resource analysis ” means an analysis including, but not limited to, an assessment of existing market

barriers to the implementation of energy efficiency and renewable technologies that

are not or cannot be delivered to customers through a competitive marketplace. “ Community solar facility ” means a solar electric power generation facility participating in the Community

Solar Energy Pilot Program or the Community Solar Energy Program developed by the

board pursuant to section 5 of P.L.2018, c. 17 ( C.48:3-87.11 ). “ Connected to the distribution system ” means, for a solar electric power generation facility, that the facility is: (1)

connected to a net metering customer's side of a meter, regardless of the voltage

at which that customer connects to the electric grid; (2) an on-site generation facility;

(3) qualified for net metering aggregation as provided pursuant to paragraph (4) of

subsection e. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ); (4) owned or operated by an electric public utility and approved by the board

pursuant to section 13 of P.L.2007, c. 340 ( C.48:3-98.1 ); (5) directly connected to the electric grid at 69 kilovolts or less, regardless

of how an electric public utility classifies that portion of its electric grid, and

is designated as “connected to the distribution system” by the board pursuant to subsections

q. through s. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ); or (6) is certified by the board, in consultation with the Department of Environmental

Protection, as being located on a brownfield, on an area of historic fill, or on a

properly closed sanitary landfill facility. Any solar electric power generation facility, other than that of a net metering

customer on the customer's side of the meter, connected above 69 kilovolts shall not

be considered connected to the distribution system. “ Contaminated site or landfill ” means: (1) any currently contaminated portion of a property on which industrial

or commercial operations were conducted and a discharge occurred, and its associated

disturbed areas, where “ discharge ” means the same as the term is defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ); or (2) a properly closed sanitary landfill facility and its associated disturbed

areas. “ Customer ” means any person that is an end user and is connected to any part of the transmission

and distribution system within an electric public utility's service territory or a

gas public utility's service territory within this State. “ Customer account service ” means metering, billing, or such other administrative activity associated with maintaining

a customer account. “ Delivery year ” or “ DY ” means the 12-month period from June 1st through May 31st, numbered according to

the calendar year in which it ends. “ Demand side management ” means the management of customer demand for energy service through the implementation

of cost-effective energy efficiency technologies, including, but not limited to, installed

conservation, load management, and energy efficiency measures on and in the residential,

commercial, industrial, institutional, and governmental premises and facilities in

this State. “ Electric generation service ” means the provision of retail electric energy and capacity which is generated off-site

from the location at which the consumption of such electric energy and capacity is

metered for retail billing purposes, including agreements and arrangements related

thereto. “ Electric power generator ” means an entity that proposes to construct, own, lease, or operate, or currently

owns, leases, or operates, an electric power production facility that will sell or

does sell at least 90 percent of its output, either directly or through a marketer,

to a customer or customers located at sites that are not on or contiguous to the site

on which the facility will be located or is located. The designation of an entity as an electric power generator for the purposes of P.L.1999, c. 23 ( C.48:3-49 et al.) shall not, in and of itself, affect the entity's status as an exempt wholesale

generator under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor act. “ Electric power supplier ” means a person or entity that is duly licensed pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.) to offer and to assume the contractual and legal responsibility to provide

electric generation service to retail customers, and includes load serving entities,

marketers, and brokers that offer or provide electric generation service to retail

customers. The term excludes an electric public utility that provides electric generation service

only as a basic generation service pursuant to section 9 of P.L.1999, c. 23 ( C.48:3-57 ). “ Electric public utility ” means a public utility, as that term is defined in R.S.48:2-13 , that transmits and distributes electricity to end users within this State. “ Electric related service ” means a service that is directly related to the consumption of electricity by an

end user, including, but not limited to, the installation of demand side management

measures at the end user's premises, the maintenance, repair, or replacement of appliances,

lighting, motors, or other energy-consuming devices at the end user's premises, and

the provision of energy consumption measurement and billing services. “ Electronic signature ” means an electronic sound, symbol, or process, attached to, or logically associated

with, a contract or other record, and executed or adopted by a person with the intent

to sign the record. “ Eligible generator ” means a developer of a base load or mid-merit electric power generation facility

including, but not limited to, an on-site generation facility that qualifies as a

capacity resource under PJM criteria and that commences construction after the effective

date of P.L.2011, c. 9 ( C.48:3-98.2 et al.). “ Energy agent ” means a person that is duly registered pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.), that arranges the sale of retail electricity or electric related services,

or retail gas supply or gas related services, between government aggregators or private

aggregators and electric power suppliers or gas suppliers, but does not take title

to the electric or gas sold. “ Energy consumer ” means a business or residential consumer of electric generation service or gas supply

service located within the territorial jurisdiction of a government aggregator. “ Energy efficiency portfolio standard ” means a requirement to procure a specified amount of energy efficiency or demand

side management resources as a means of managing and reducing energy usage and demand

by customers. “ Energy year ” or “ EY ” means the 12-month period from June 1st through May 31st, numbered according to

the calendar year in which it ends. “ Existing business relationship ” means a relationship formed by a voluntary two-way communication between an electric

power supplier, gas supplier, broker, energy agent, marketer, private aggregator,

sales representative, or telemarketer and a customer, regardless of an exchange of

consideration, on the basis of an inquiry, application, purchase, or transaction initiated

by the customer regarding products or services offered by the electric power supplier,

gas supplier, broker, energy agent, marketer, private aggregator, sales representative,

or telemarketer; however, a consumer's use of electric generation service or gas

supply service through the consumer's electric public utility or gas public utility

shall not constitute or establish an existing business relationship for the purpose

of P.L.2013, c. 263 . “ Farmland ” means land actively devoted to agricultural or horticultural use that is valued,

assessed, and taxed pursuant to the “Farmland Assessment Act of 1964,” P.L.1964, c.

48 ( C.54:4-23.1 et seq. ). “ Federal Energy Regulatory Commission ” or “ FERC ” means the federal agency established pursuant to 42 U.S.C. s.7171 et seq. to regulate the interstate transmission of electricity, natural gas, and oil. “ Final remediation document ” shall have the same meaning as provided in section 3 of P.L.1976, c. 141 ( C.58:10-23.11b ). “ Financing entity ” means an electric public utility, a special purpose entity, or any other assignee

of bondable transition property, which issues transition bonds. Except as specifically provided in P.L.1999, c. 23 ( C.48:3-49 et al.), a financing entity which is not itself an electric public utility shall

not be subject to the public utility requirements of Title 48 of the Revised Statutes

or any rules or regulations adopted pursuant thereto. “ Gas public utility ” means a public utility, as that term is defined in R.S.48:2-13 , that distributes gas to end users within this State. “ Gas related service ” means a service that is directly related to the consumption of gas by an end user,

including, but not limited to, the installation of demand side management measures

at the end user's premises, the maintenance, repair or replacement of appliances or

other energy-consuming devices at the end user's premises, and the provision of energy

consumption measurement and billing services. “ Gas supplier ” means a person that is duly licensed pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.) to offer and assume the contractual and legal obligation to provide gas supply

service to retail customers, and includes, but is not limited to, marketers and brokers. A non-public utility affiliate of a public utility holding company may be a gas

supplier, but a gas public utility or any subsidiary of a gas utility is not a gas

supplier. In the event that a gas public utility is not part of a holding company legal structure,

a related competitive business segment of that gas public utility may be a gas supplier,

provided that related competitive business segment is structurally separated from

the gas public utility, and provided that the interactions between the gas public

utility and the related competitive business segment are subject to the affiliate

relations standards adopted by the board pursuant to subsection k. of section 10 of P.L.1999, c. 23 ( C.48:3-58 ). “ Gas supply service ” means the provision to customers of the retail commodity of gas, but does not include

any regulated distribution service. “ Government aggregator ” means any government entity subject to the requirements of the “Local Public Contracts

Law,” P.L.1971, c. 198 ( C.40A:11-1 et seq. ), the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq. , or the “County College Contracts Law,” P.L.1982, c. 189 ( C.18A:64A-25.1 et seq. ), that enters into a written contract with a licensed electric power supplier or

a licensed gas supplier for: (1) the provision of electric generation service, electric

related service, gas supply service, or gas related service for its own use or the

use of other government aggregators; or (2) if a municipal or county government,

the provision of electric generation service or gas supply service on behalf of business

or residential customers within its territorial jurisdiction. “ Government energy aggregation program ” means a program and procedure pursuant to which a government aggregator enters into

a written contract for the provision of electric generation service or gas supply

service on behalf of business or residential customers within its territorial jurisdiction. “ Governmental entity ” means any federal, state, municipal, local, or other governmental department, commission,

board, agency, court, authority, or instrumentality having competent jurisdiction. “ Green Acres program ” means the program for the acquisition of lands for recreation and conservation purposes

pursuant to P.L.1961, c. 45 ( C.13:8A-1 et seq. ), P.L.1971, c. 419 ( C.13:8A-19 et seq. ), P.L.1975, c. 155 ( C.13:8A-35 et seq. ), any Green Acres bond act, P.L.1999, c. 152 ( C.13:8C-1 et seq. ), and P.L.2016, c. 12 ( C.13:8C-43 et seq. ). “ Greenhouse gas emissions portfolio standard ” means a requirement that addresses or limits the amount of carbon dioxide emissions

indirectly resulting from the use of electricity as applied to any electric power

suppliers and basic generation service providers of electricity. “ Grid supply solar facility ” means a solar electric power generation facility that sells electricity at wholesale

and is connected to the State's electric distribution or transmission systems. “Grid supply solar facility” does not include: (1) a net metered solar facility;

(2) an on-site generation facility; (3) a facility participating in net metering

aggregation pursuant to section 38 of P.L.1999, c. 23 ( C.48:3-87 ); (4) a facility participating in remote net metering; or (5) a community solar

facility. “ Historic fill ” means generally large volumes of non-indigenous material, no matter what date they

were emplaced on the site, used to raise the topographic elevation of a site, which

were contaminated prior to emplacement and are in no way connected with the operations

at the location of emplacement and which include, but are not limited to, construction

debris, dredge spoils, incinerator residue, demolition debris, fly ash, and non-hazardous

solid waste. “Historic fill” shall not include any material which is substantially chromate chemical

production waste or any other chemical production waste or waste from processing of

metal or mineral ores, residues, slags, or tailings. “ Incremental auction ” means an auction conducted by PJM, as part of PJM's reliability pricing model, prior

to the start of the delivery year to secure electric capacity as necessary to satisfy

the capacity requirements for that delivery year, that is not otherwise provided for

in the base residual auction. “ Leakage ” means an increase in greenhouse gas emissions related to generation sources located

outside of the State that are not subject to a state, interstate, or regional greenhouse

gas emissions cap or standard that applies to generation sources located within the

State. “ Locational deliverability area ” or “ LDA ” means one or more of the zones within the PJM region which are used to evaluate

area transmission constraints and reliability issues including electric public utility

company zones, sub-zones, and combinations of zones. “ Long-term capacity agreement pilot program ” or “ LCAPP ” means a pilot program established by the board that includes participation by eligible

generators, to seek offers for financially-settled standard offer capacity agreements

with eligible generators pursuant to the provisions of P.L.2011, c. 9 ( C.48:3-98.2 et al.). “ Market transition charge ” means a charge imposed pursuant to section 13 of P.L.1999, c. 23 ( C.48:3-61 ) by an electric public utility, at a level determined by the board, on the electric

public utility customers for a limited duration transition period to recover stranded

costs created as a result of the introduction of electric power supply competition

pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.). “ Marketer ” means a duly licensed electric power supplier that takes title to electric energy

and capacity, transmission , and other services from electric power generators and other wholesale suppliers and

then assumes the contractual and legal obligation to provide electric generation service,

and may include transmission and other services, to an end-use retail customer or

customers, or a duly licensed gas supplier that takes title to gas and then assumes

the contractual and legal obligation to provide gas supply service to an end-use customer

or customers. “ Mid-merit electric power generation facility ” means a generation facility that operates at a capacity factor between baseload

generation facilities and peaker generation facilities. “ Net metered solar facility ” means a solar electric power generation facility participating in the net metering

program developed by the board pursuant to subsection e. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ) or in a substantially similar program operated by a utility owned or operated by

a local government unit. “ Net metering aggregation ” means a procedure for calculating the combination of the annual energy usage for

all facilities owned by a single customer where such customer is a State entity, school

district, county, county agency, county authority, municipality, municipal agency,

or municipal authority, and which are served by a solar electric power generating

facility as provided pursuant to paragraph (4) of subsection e. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ). “ Net proceeds ” means proceeds less transaction and other related costs as determined by the board. “ Net revenues ” means revenues less related expenses, including applicable taxes, as determined

by the board. “ Offshore wind energy ” means electric energy produced by a qualified offshore wind project. “ Offshore wind renewable energy certificate ” or “ OREC ” means a certificate, issued by the board or its designee, representing the environmental

attributes of one megawatt hour of electric generation from a qualified offshore wind

project. “ Off-site end use thermal energy services customer ” means an end use customer that purchases thermal energy services from an on-site

generation facility, combined heat and power facility, or co-generation facility,

and that is located on property that is separated from the property on which the on-site

generation facility, combined heat and power facility, or co-generation facility is

located by more than one easement, public thoroughfare, or transportation or utility-owned

right-of-way. “ On-site generation facility ” means a generation facility, including, but not limited to, a generation facility

that produces Class I or Class II renewable energy, and equipment and services appurtenant

to electric sales by such facility to the end use customer located on the property

or on property contiguous to the property on which the end user is located. An on-site generation facility shall not be considered a public utility. The property of the end use customer and the property on which the on-site generation

facility is located shall be considered contiguous if they are geographically located

next to each other, but may be otherwise separated by an easement, public thoroughfare,

transportation or utility-owned right-of-way, or if the end use customer is purchasing

thermal energy services produced by the on-site generation facility, for use for heating

or cooling, or both, regardless of whether the customer is located on property that

is separated from the property on which the on-site generation facility is located

by more than one easement, public thoroughfare, or transportation or utility-owned

right-of-way. “ Open access offshore wind transmission facility ” means an open access transmission facility, located either in the Atlantic Ocean

or offshore, used to facilitate the collection of offshore wind energy or its delivery

to the electronic transmission system in this State. “ Person ” means an individual, partnership, corporation, association, trust, limited liability

company, governmental entity, or other legal entity. “ PJM Interconnection, L.L.C. ” or “ PJM ” means the privately-held, limited liability corporation that serves as a FERC-approved

Regional Transmission Organization, or its successor, that manages the regional, high-voltage

electricity grid serving all or parts of 13 states including New Jersey and the District

of Columbia, operates the regional competitive wholesale electric market, manages

the regional transmission planning process, and establishes systems and rules to ensure

that the regional and in-State energy markets operate fairly and efficiently. “ Preliminary assessment ” shall have the same meaning as provided in section 3 of P.L.1976, c. 141 ( C.58:10-23.11b ). “ Preserved farmland ” means land on which a development easement was conveyed to, or retained by, the

State Agriculture Development Committee, a county agriculture development board, or

a qualifying tax exempt nonprofit organization pursuant to the provisions of section

24 of P.L.1983, c. 32 ( C.4:1C-31 ), section 5 of P.L.1988, c. 4 ( C.4:1C-31.1 ), section 1 of P.L.1989, c. 28 ( C.4:1C-38 ), section 1 of P.L.1999, c. 180 ( C.4:1C-43.1 ), sections 37 through 40 of P.L.1999, c. 152 ( C.13:8C-37 through C.13:8C-40 ), or any other State law enacted for farmland preservation purposes. “ Private aggregator ” means a non-government aggregator that is a duly-organized business or non-profit

organization authorized to do business in this State that enters into a contract with

a duly licensed electric power supplier for the purchase of electric energy and capacity,

or with a duly licensed gas supplier for the purchase of gas supply service, on behalf

of multiple end-use customers by combining the loads of those customers. “ Properly closed sanitary landfill facility ” means a sanitary landfill facility, or a portion of a sanitary landfill facility,

for which performance is complete with respect to all activities associated with the

design, installation, purchase, or construction of all measures, structures, or equipment

required by the Department of Environmental Protection, pursuant to law, in order

to prevent, minimize, or monitor pollution or health hazards resulting from a sanitary

landfill facility subsequent to the termination of operations at any portion thereof,

including, but not necessarily limited to, the placement of earthen or vegetative

cover, and the installation of methane gas vents or monitors and leachate monitoring

wells or collection systems at the site of any sanitary landfill facility. “ Public utility holding company ” means: (1) any company that, directly or indirectly, owns, controls, or holds with

power to vote, 10 percent or more of the outstanding voting securities of an electric

public utility or a gas public utility or of a company which is a public utility holding

company by virtue of this definition, unless the Securities and Exchange Commission,

or its successor, by order declares such company not to be a public utility holding

company under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor; or (2) any person that the Securities and Exchange Commission,

or its successor, determines, after notice and opportunity for hearing, directly or

indirectly, to exercise, either alone or pursuant to an arrangement or understanding

with one or more other persons, such a controlling influence over the management or

policies of an electric public utility or a gas public utility or public utility holding

company as to make it necessary or appropriate in the public interest or for the protection

of investors or consumers that such person be subject to the obligations, duties,

and liabilities imposed in the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor act. “ Qualified offshore wind project ” means a wind turbine electricity generation facility in the Atlantic Ocean and connected

to the electric transmission system in this State, and includes the associated transmission-related

interconnection facilities and equipment, and approved by the board pursuant to section

3 of P.L.2010, c. 57 ( C.48:3-87.1 ). “ Registration program ” means an administrative process developed by the board pursuant to subsection u.

of section 38 of P.L.1999, c. 23 ( C.48:3-87 ) that requires all owners of solar electric power generation facilities connected

to the distribution system that intend to generate SRECs, to file with the board documents

detailing the size, location, interconnection plan, land use, and other project information

as required by the board. “ Regulatory asset ” means an asset recorded on the books of an electric public utility or gas public

utility pursuant to the Statement of Financial Accounting Standards, No. 71, entitled

“Accounting for the Effects of Certain Types of Regulation,” or any successor standard

and as deemed recoverable by the board. “ Related competitive business segment of an electric public utility or gas public utility ” means any business venture of an electric public utility or gas public utility including,

but not limited to, functionally separate business units, joint ventures, and partnerships,

that offers to provide or provides competitive services. “ Related competitive business segment of a public utility holding company ” means any business venture of a public utility holding company, including, but not

limited to, functionally separate business units, joint ventures, and partnerships

and subsidiaries, that offers to provide or provides competitive services, but does

not include any related competitive business segments of an electric public utility

or gas public utility. “ Reliability pricing model ” or “ RPM ” means PJM's capacity-market model, and its successors, that secures capacity on

behalf of electric load serving entities to satisfy load obligations not satisfied

through the output of electric generation facilities owned by those entities, or otherwise

secured by those entities through bilateral contracts. “ Renewable energy certificate ” or “ REC ” means a certificate representing the environmental benefits or attributes of one

megawatt-hour of generation from a generating facility that produces Class I or Class

II renewable energy, but shall not include a solar renewable energy certificate or

an offshore wind renewable energy certificate. “ Resource clearing price ” or “ RCP ” means the clearing price established for the applicable locational deliverability

area by the base residual auction or incremental auction, as determined by the optimization

algorithm for each auction, conducted by PJM as part of PJM's reliability pricing

model. “ Resource recovery facility ” means a solid waste facility constructed and operated for the incineration of solid

waste for energy production and the recovery of metals and other materials for reuse,

which the Department of Environmental Protection has determined to be in compliance

with current environmental standards, including, but not limited to, all applicable

requirements of the federal “Clean Air Act” ( 42 U.S.C. s.7401 et seq. ). “ Restructuring related costs ” means reasonably incurred costs directly related to the restructuring of the electric

power industry, including the closure, sale, functional separation, and divestiture

of generation and other competitive utility assets by a public utility, or the provision

of competitive services as those costs are determined by the board, and which are

not stranded costs as defined in P.L.1999, c. 23 ( C.48:3-49 et al.) but may include, but not be limited to, investments in management information

systems, and which shall include expenses related to employees affected by restructuring

which result in efficiencies and which result in benefits to ratepayers, such as training

or retraining at the level equivalent to one year's training at a vocational or technical

school or county community college, the provision of severance pay of two weeks of

base pay for each year of full-time employment, and a maximum of 24 months' continued

health care coverage. Except as to expenses related to employees affected by restructuring, “restructuring

related costs” shall not include going forward costs. “ Retail choice ” means the ability of retail customers to shop for electric generation or gas supply

service from electric power or gas suppliers, or opt to receive basic generation service

or basic gas service, and the ability of an electric power or gas supplier to offer

electric generation service or gas supply service to retail customers, consistent

with the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.). “ Retail margin ” means an amount, reflecting differences in prices that electric power suppliers

and electric public utilities may charge in providing electric generation service

and basic generation service, respectively, to retail customers, excluding residential

customers, which the board may authorize to be charged to categories of basic generation

service customers of electric public utilities in this State, other than residential

customers, under the board's continuing regulation of basic generation service pursuant

to sections 3 and 9 of P.L.1999, c. 23 ( C.48:3-51 and 48:3-57 ), for the purpose of promoting a competitive retail market for the supply of electricity. “ Sales representative ” means a person employed by, acting on behalf of, or as an independent contractor

for, an electric power supplier, gas supplier, broker, energy agent, marketer, or

private aggregator who, by any means, solicits a potential residential customer for

the provision of electric generation service or gas supply service. “ Sanitary landfill facility ” shall have the same meaning as provided in section 3 of P.L.1970, c. 39 ( C.13:1E-3 ). “ School district ” means a local or regional school district established pursuant to chapter 8 or chapter

13 of Title 18A of the New Jersey Statutes, a county special services school district

established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes,

a county vocational school district established pursuant to article 3 of chapter 54

of Title 18A of the New Jersey Statutes, and a district under full State intervention

pursuant to P.L.1987, c. 399 ( C.18A:7A-34 et al.). “ Shopping credit ” means an amount deducted from the bill of an electric public utility customer to

reflect the fact that the customer has switched to an electric power supplier and

no longer takes basic generation service from the electric public utility. “ Site investigation ” shall have the same meaning as provided in section 3 of P.L.1976, c. 141 ( C.58:10-23.11b ). “ Small scale hydropower facility ” means a facility located within this State that is connected to the distribution

system, and that meets the requirements of, and has been certified by, a nationally

recognized low-impact hydropower organization that has established low-impact hydropower

certification criteria applicable to: (1) river flows; (2) water quality; (3) fish

passage and protection; (4) watershed protection; (5) threatened and endangered

species protection; (6) cultural resource protection; (7) recreation; and (8) facilities

recommended for removal. “ Social program ” means a program implemented with board approval to provide assistance to a group

of disadvantaged customers, to provide protection to consumers, or to accomplish a

particular societal goal, and includes, but is not limited to, the winter moratorium

program, utility practices concerning “bad debt” customers, low income assistance,

deferred payment plans, weatherization programs, and late payment and deposit policies,

but does not include any demand side management program or any environmental requirements

or controls. “ Societal benefits charge ” means a charge imposed by an electric public utility, at a level determined by the

board, pursuant to, and in accordance with, section 12 of P.L.1999, c. 23 ( C.48:3-60 ). “ Solar alternative compliance payment ” or “ SACP ” means a payment of a certain dollar amount per megawatt hour (MWh) which an electric

power supplier or provider may submit to the board in order to comply with the solar

electric generation requirements under section 38 of P.L.1999, c. 23 ( C.48:3-87 ). “ Solar renewable energy certificate ” or “ SREC ” means a certificate issued by the board or its designee, representing one megawatt

hour (MWh) of solar energy that is generated by a facility connected to the distribution

system in this State and has value based upon, and driven by, the energy market. “ Solar renewable energy certificate II ” or “ SREC-II ” means a transferable certificate, issued by the board or its designee pursuant to P.L.2021, c. 169 ( C.48:3-114 et al.), which is capable of counting towards the renewable energy portfolio standards

of an electric power supplier or basic generation service provider in the State pursuant

to section 38 of P.L.1999, c. 23 ( C.48:3-87 ). “ SREC-II program ” means the program established pursuant to section 2 of P.L.2021, c. 169 ( C.48:3-115 ) to distribute SREC-IIs. “ SREC-II value per megawatt-hour ” means the value, in dollars-per-megawatt-hour, assigned by the board to each solar

electric power generation facility eligible to receive SREC-IIs, which is paid to

the facility and which represents the environmental attributes of the facility. “ Standard offer capacity agreement ” or “ SOCA ” means a financially-settled transaction agreement, approved by board order, that

provides for eligible generators to receive payments from the electric public utilities

for a defined amount of electric capacity for a term to be determined by the board

but not to exceed 15 years, and for such payments to be a fully non-bypassable charge,

with such an order, once issued, being irrevocable. “ Standard offer capacity price ” or “ SOCP ” means the capacity price that is fixed for the term of the SOCA and which is the

price to be received by eligible generators under a board-approved SOCA. “ State entity ” means a department, agency, or office of State government, a State university or

college, or an authority created by the State. “ Stranded cost ” means the amount by which the net cost of an electric public utility's electric

generating assets or electric power purchase commitments, as determined by the board

consistent with the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.), exceeds the market value of those assets or contractual commitments in a

competitive supply marketplace and the costs of buydowns or buyouts of power purchase

contracts. “ Stranded costs recovery order ” means each order issued by the board in accordance with subsection c. of section

13 of P.L.1999, c. 23 ( C.48:3-61 ) which sets forth the amount of stranded costs, if any, the board has determined

an electric public utility is eligible to recover and collect in accordance with the

standards set forth in section 13 of P.L.1999, c. 23 ( C.48:3-61 ) and the recovery mechanisms therefor. “ Telemarketer ” shall have the same meaning as set forth in section 2 of P.L.2003, c. 76 ( C.56:8-120 ). “ Telemarketing sales call ” means a telephone call made by a telemarketer to a potential residential customer

as part of a plan, program, or campaign to encourage the customer to change the customer's

electric power supplier or gas supplier. A telephone call made to an existing customer of an electric power supplier, gas

supplier, broker, energy agent, marketer, private aggregator, or sales representative,

for the sole purpose of collecting on accounts or following up on contractual obligations,

shall not be deemed a telemarketing sales call. A telephone call made in response to an express written request of a customer shall

not be deemed a telemarketing sales call. “ Thermal efficiency ” means the useful electric energy output of a facility, plus the useful thermal energy

output of the facility, expressed as a percentage of the total energy input to the

facility. “ Transition bond charge ” means a charge, expressed as an amount per kilowatt hour, that is authorized by

and imposed on electric public utility ratepayers pursuant to a bondable stranded

costs rate order, as modified at any time pursuant to the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.). “ Transition bonds ” means bonds, notes, certificates of participation, beneficial interest, or other

evidences of indebtedness or ownership issued pursuant to an indenture, contract,

or other agreement of an electric public utility or a financing entity, the proceeds

of which are used, directly or indirectly, to recover, finance or refinance bondable

stranded costs and which are, directly or indirectly, secured by or payable from bondable

transition property. References in P.L.1999, c. 23 ( C.48:3-49 et al.) to principal, interest, and acquisition or redemption premium with respect

to transition bonds which are issued in the form of certificates of participation

or beneficial interest or other evidences of ownership shall refer to the comparable

payments on such securities. “ Transition period ” means the period from August 1, 1999 through July 31, 2003. “ Transmission and distribution system ” means, with respect to an electric public utility, any facility or equipment that

is used for the transmission, distribution, or delivery of electricity to the customers

of the electric public utility including, but not limited to, the land, structures,

meters, lines, switches, and all other appurtenances thereof and thereto, owned or

controlled by the electric public utility within this State. “ Universal service ” means any service approved by the board with the purpose of assisting low-income

residential customers in obtaining or retaining electric generation or delivery service. “ Unsolicited advertisement ” means any advertising claims of the commercial availability or quality of services

provided by an electric power supplier, gas supplier, broker, energy agent, marketer,

private aggregator, sales representative, or telemarketer which is transmitted to

a potential customer without that customer's prior express invitation or permission.