§ 39-26.1-2 - Definitions.

SECTION 39-26.1-2

   § 39-26.1-2  Definitions. – Terms not defined in this chapter shall have the same meaning as contained inchapter 26 of title 39 of the general laws. When used in this chapter:

   (1) "Commercially reasonable" means terms and pricing thatare reasonably consistent with what an experienced power market analyst wouldexpect to see in transactions involving newly developed renewable energyresources. Commercially reasonable shall include having a credible projectoperation date, as determined by the commission, but a project need not havecompleted the requisite permitting process to be considered commerciallyreasonable. If there is a dispute about whether any terms or pricing arecommercially reasonable, the commission shall make the final determinationafter evidentiary hearings;

   (2) "Commission" means the Rhode Island public utilitiescommission;

   (3) "Electric distribution company" means a company definedin subsection 39-1-2(12), supplying standard offer service, last resortservice, or any successor service to end-use customers, but not including theBlock Island Power Company or the Pascoag Utility District;

   (4) "Eligible renewable energy resource" means resources asdefined in § 39-26-5 and any references therein;

   (5) "Long-term contract" means a contract of not less thanten (10) years;

   (6) "Newly developed renewable energy resources" meanselectrical generation units that use exclusively an eligible renewable energyresource, and that have neither begun operation, nor have the developers of theunits implemented investment or lending agreements necessary to finance theconstruction of the unit; provided, however, that any projects using eligiblerenewable energy resources and located within the state of Rhode Island whichobtain project financing on or after January 1, 2009, shall qualify as newlydeveloped renewable energy resources for purposes of the first solicitationunder this chapter;

   (7) "Minimum long-term contract capacity" means ninety (90)megawatts of which three (3) megawatts must be solar or photovoltaic projectslocated in the state of Rhode Island. In determining whether the minimumlong-term contract capacity has been reached, the capacity under contract shallbe adjusted by the capacity factor of each renewable generator as determined bythe ISO-NE rules, as they may change from time to time. By way of example, acontract with a one hundred (100) megawatt facility with a thirty percent (30%)capacity factor would be counted as providing thirty (30) megawatts to theminimum long-term contract capacity requirement.