(39) Electricity product--A specific type of retail
electricity service developed and identified by a REP, the specific
terms and conditions of which are summarized in an electricity facts
label that is specific to that electricity product.
(40) Electric Reliability Council of Texas (ERCOT)--Refers
to the independent organization and, in a geographic sense, refers
to the area served by electric utilities, municipally owned utilities,
and electric cooperatives that are not synchronously interconnected
with electric utilities outside of the State of Texas.
(41) Electric service identifier (ESI ID)--The basic
identifier assigned to each point of delivery used in the registration
system and settlement system managed by ERCOT or another independent
organization.
(42) Electric utility--Except as otherwise provided
in this chapter, an electric utility is a person or river authority
that owns or operates for compensation in this state equipment or
facilities to produce, generate, transmit, distribute, sell, or furnish
electricity in this state. The term includes a lessee, trustee, or
receiver of an electric utility and a recreational vehicle park owner
who does not comply with Texas Utilities Code, subchapter C, chapter
184, with regard to the metered sale of electricity at the recreational
vehicle park. The term does not include:
(A) a municipal corporation;
(B) a qualifying facility;
(C) a power generation company;
(D) an exempt wholesale generator;
(E) a power marketer;
(F) a corporation described by PURA §32.053 to
the extent the corporation sells electricity exclusively at wholesale
and not to the ultimate consumer;
(G) an electric cooperative;
(H) a retail electric provider;
(I) the state of Texas or an agency of the state; or
(J) a person not otherwise an electric utility who:
(i) furnishes an electric service or commodity only
to itself, its employees, or its tenants as an incident of employment
or tenancy, if that service or commodity is not resold to or used
by others;
(ii) owns or operates in this state equipment or facilities
to produce, generate, transmit, distribute, sell or furnish electric
energy to an electric utility, if the equipment or facilities are
used primarily to produce and generate electric energy for consumption
by that person;
(iii) owns or operates in this state a recreational
vehicle park that provides metered electric service in accordance
with Texas Utilities Code, subchapter C, chapter 184;
(iv) is an electric generation equipment lessor or
operator; or
(v) owns or operates in this state equipment used solely
to provide electricity charging service for consumption by an alternatively
fueled vehicle, as defined by section 502.004 of the Transportation
Code.
(43) Energy efficiency--Programs that are aimed at
reducing the rate at which electric energy is used by equipment or
processes. Reduction in the rate of energy used may be obtained by
substituting technically more advanced equipment to produce the same
level of end-use services with less electricity; adoption of technologies
and processes that reduce heat or other energy losses; or reorganization
of processes to make use of waste heat. Efficient use of energy by
customer-owned end-use devices implies that existing comfort levels,
convenience, and productivity are maintained or improved at a lower
customer cost.
(44) Energy efficiency measures--Equipment, materials,
and practices that when installed and used at a customer site result
in a measurable and verifiable reduction in either purchased electric
energy consumption, measured in kilowatt-hours (kWh), or peak demand,
measured in kW, or both.
(45) Energy efficiency project--An energy efficiency
measure or combination of measures installed under a standard offer
contract or a market transformation contract that results in both
a reduction in customers' electric energy consumption and peak demand,
and energy costs.
(46) Energy efficiency service provider (EESP)--A person
who installs energy efficiency measures or performs other energy efficiency
services. An energy efficiency service provider may be a retail electric
provider or large commercial customer, if the person has executed
a standard offer contract.
(47) Energy savings--A quantifiable reduction in a
customer's consumption of energy.
(48) ERCOT protocols--Body of procedures developed
by ERCOT to maintain the reliability of the regional electric network
and account for the production and delivery of electricity among resources
and market participants.
(49) ERCOT region--The geographic area under the jurisdiction
of the commission that is served by transmission service providers
that are not synchronously interconnected with transmission service
providers outside of the state of Texas.
(50) Exempt wholesale generator--A person who is engaged
directly or indirectly through one or more affiliates exclusively
in the business of owning or operating all or part of a facility for
generating electric energy and selling electric energy at wholesale
who does not own a facility for the transmission of electricity, other
than an essential interconnecting transmission facility necessary
to effect a sale of electric energy at wholesale.
(51) Existing purchased power contract--A purchased
power contract in effect on January 1, 1999, including any amendments
and revisions to that contract resulting from litigation initiated
before January 1, 1999.
(52) Facilities--All the plant and equipment of an
electric utility, including all tangible and intangible property,
without limitation, owned, operated, leased, licensed, used, controlled,
or supplied for, by, or in connection with the business of an electric
utility.
(53) Financing order--An order of the commission adopted
under PURA §39.201 or §39.262 approving the issuance of
transition bonds and the creation of transition charges for the recovery
of qualified costs.
(54) Freeze period--The period beginning on January
1, 1999, and ending on December 31, 2001.
(55) Generation assets--All assets associated with
the production of electricity, including generation plants, electrical
interconnections of the generation plant to the transmission system,
fuel contracts, fuel transportation contracts, water contracts, lands,
surface or subsurface water rights, emissions-related allowances,
and gas pipeline interconnections.
(56) Generation service--The production and purchase
of electricity for retail customers and the production, purchase,
and sale of electricity in the wholesale power market.
(57) Good utility practice--Any of the practices, methods,
or acts engaged in or approved by a significant portion of the electric
utility industry during the relevant time period, or any of the practices,
methods, or acts that, in the exercise of reasonable judgment in light
of the facts known at the time the decision was made, could have been
expected to accomplish the desired result at a reasonable cost consistent
with good business practices, reliability, safety, and expedition.
Good utility practice is not intended to be limited to the optimum
practice, method, or act, to the exclusion of all others, but rather
is intended to include acceptable practices, methods, and acts generally
accepted in the region.
(58) Hearing--Any proceeding at which evidence is taken
on the merits of the matters at issue, not including prehearing conferences.
(59) Independent organization--An independent system
operator or other person that is sufficiently independent of any producer
or seller of electricity that its decisions will not be unduly influenced
by any producer or seller.
(60) Independent system operator--An entity supervising
the collective transmission facilities of a power region that is charged
with non-discriminatory coordination of market transactions, systemwide
transmission planning, and network reliability.
(61) Installed generation capacity--All potentially
marketable electric generation capacity, including the capacity of:
(A) generating facilities that are connected with a
transmission or distribution system;
(B) generating facilities used to generate electricity
for consumption by the person owning or controlling the facility;
and
(C) generating facilities that will be connected with
a transmission or distribution system and operating within 12 months.
(62) Interconnection agreement--The standard form of
agreement that has been approved by the commission. The interconnection
agreement sets forth the contractual conditions under which a company
and a customer agree that one or more facilities may be interconnected
with the company's utility system.
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