PART 500—DEFINITIONS Authority: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. § 7101 et seq. et seq. et seq. Source: 46 FR 59884, Dec. 7, 1981, unless otherwise noted. (OMB Control No.: 1903-0075. See 46 FR 63209, Dec. 31, 1981.) § 500.1 Purpose and scope. Unless otherwise expressly provided or the context clearly indicates otherwise, this section defines the terms used in these regulations. The use of the male gender is to include female; the use of singular to include plural. § 500.2 General definitions. For purposes of this part and parts 501-507 term(s): Act et seq. Action Affiliate, Aggrieved, Air pollution control agency (1) A single State agency designated as the official State air pollution control agency; (2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution; (3) A city, county, or other local government health authority or, in the case of any city, county, or other local unit of government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency; or (4) An agency or two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution. Alternate fuel (1) Coal; (2) Solar energy; (3) Petroleum coke; shale oil; uranium; biomass, tar sands, oil-impregnated diatomaceous earth; municipal, industrial, or agricultural wastes; wood; and renewable and geothermal energy sources (For purposes of this paragraph (3), the term industrial (4) Liquid, solid or gaseous waste by-products of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity. (For purposes of this paragraph (4), the term waste by-product (5) Any fuel derived from an alternate fuel; and (6) Waste gases from industrial operations. (For purposes of this subsection, the term industrial Applicable environmental requirements (1) Any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State Court) applicable to emissions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels, natural gas, or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and (2) Any other standard, limitation, or other requirement established by, or pursuant to, the Clean Air Act, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, the Resource Conservation and Recovery Act of 1976, or the National Environmental Policy Act of 1969. Base load powerplant Boiler Btu Capability to use alternate fuel, (1) Has sufficient inherent design characteristics to permit the addition of equipment (including all necessary pollution devices) necessary to render such electric powerplant capable of using coal or another alternate fuel as its primary energy source; and (2) Is not physically, structurally, or technologically precluded from using coal or another alternate fuel as its primary energy source. Capability to use coal or another alternate fuel shall not be interpreted to require any such powerplant to be immediately able to use coal or another alternate fuel as its primary energy source on its initial day of operation. In addition, the owner or operator of a baseload powerplant need not have adequate on-site space for either a coal gasifier or any facilities for handling coal or related fuels. Certification Certifying powerplant Clean Air Act et seq. Coal Cogeneration facility (1) Electric power; and (2) Any other form of useful energy (such as steam, gas or heat) that is, or will be used, for industrial, commercial, or space heating purposes. In addition, for purposes of this definition, electricity generated by the cogeneration facility must constitute more than five (5) percent and less than ninety (90) percent of the useful energy output of the facility. Note: Any cogeneration facility selling or exchanging less than fifty percent (50%) of the facility's generated electricity is considered an industrial cogenerator and is exempt from the fuel use prohibitions of FUA. Combined cycle unit Substantial amounts of supplemental firing for a steam turbine or waste heat boiler to improve thermal efficiency will not affect a unit's classification as a combined cycle unit. Combustion turbine Commercial unmarketability (1) A waste by-product of industrial or refinery operations is commercially unmarketable by reason of: (i) Quality, where the cost of processing (limited to upgrading the waste by-product to commercial quality), storing, and distributing the waste by-product would not be covered by reasonably expected revenues from its sale; (ii) Quantity, where the cost of aggregating the waste by-product into commercial quantities through storing and distributing the waste by-product would not be covered by reasonably expected revenues from its sale. (2) A fuel will not be classified as “natural gas” when it is commercially unmarketable by reason of: (i) Quality, where the cost of producing, upgrading to commercial quality, storing, and distributing the fuel would not be covered by reasonably expected revenues from its sale; or (ii) Quantity, where the quantities of the fuel are so small that the revenues to be reasonably expected from its sale would not cover the cost of its production, distribution or storage. (3) Costs associated with upgrading, storing, distributing, and aggregating a by-product or other fuel (to determine if such fuel is natural gas) may properly include a reasonable rate of return on any capital investment required to overcome the problems posed by the quality or quantity of a fuel because the return on investment is a normal aspect of any investment decision. A firm may account for this reasonable rate of return by using its customary discount rate for an investment of similar risk. (4) As part of any consideration of the rate of return on investment, the cost of replacing the Btu's lost if the by-product or other fuel were upgraded and sold instead of used as a fuel may be taken into consideration. The actual expense that would result from burning a replacement fuel in lieu of the by-product or other fuel in question may therefore be considered. The costs associated with using a replacement fuel are indirect costs that result from upgrading and selling the fuel, instead of burning it. These indirect costs as well as the direct costs associated with the upgrading, storing, distributing, and aggregating of by-products or other fuel may be considered in any assessment of commercial unmarketability. Conference Construction Costs DEOA et seq. Design capability (1) Boiler and associated generator turbines. (2) Combustion turbine and associated generator. (3) Combined cycle unit. Design capacity DOE the Department Duly authorized representative Electing powerplant 1 et seq. 1 Electric generating unit (1) Any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission (NRC); and (2) Any cogeneration facility from which less than 50 percent of the net annual electric power generation is sold or exchanged for resale. Excluded from ‘sold or exchanged for resale’ are sales or exchanges to or with an electric utility for resale by the utility to the cogenerating supplier, and sales or exchanges among owners of the cogeneration facility. Note: For purposes of subparagraph (1) of this definition, OFE will not consider any unit located at a site subject to NRC's licensing authority to be jurisdictional for purposes of FUA. Electric powerplant Electric Region Electric utility Emission offset EPA ESECA et seq. Existing powerplant Federal Water Pollution Control Act et seq., FERC Firm Fluidized bed combustion FTC FUA et seq. Fuel Use Act FUA. Fuel use order Gas turbine High-priority user, Internal combustion engine Interpretation Mcf Mixture, Natural gas (1) Gaseous waste by-products or waste gas specifically designated as an alternate fuel in § 500.2 of these regulations; (2) Natural gas which is commercially unmarketable, as defined in these rules; (3) Natural gas produced by the user from a well, the maximum efficient production rate of which is less than 250 million Btu's per day. For purposes of paragraph (3) of this definition: (i) Produced by the user (A) All gas produced by the well, when such gas is delivered for use in the user's facility through a gas delivery, gathering, or transportation system which could not deliver such gas to any other user; or (B) Only that amount which represents the user's net working (mineral) interest in the gas produced from such well, where such gas is delivered for use in the user's facility through a gas delivery, gathering, or transportation system which could deliver such gas to any other user. (ii) Maximum efficient production rate (4) Occluded methane in coal seams within the meaning of section 107(c)(3) of the Natural Gas Policy Act of 1978 (NGPA); (5) The following gas from wells spudded prior to January 1, 1990: (i) Gas produced from geopressurized brine, within the meaning of section 107(c)(2) of the NGPA; (ii) Gas produced from Devonian shale, within the meaning of section 107(c)(4) of the NGPA; (iii) Gas produced from tight sands, as designated by the FERC in accordance with section 107(c)(5) of the NGPA; and (iv) Other gases designated by FERC as “high-cost natural gas” in accordance with section 107(c)(5) of the NGPA, except as specifically designated as “natural gas” by OFE; (6)(i) Synthetic gas derived from coal or other alternate fuel, the heat content of which is less than 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and 60 °F; and (ii) Commingled natural gas and synthetic gas derived from coal consumed as part of the necessary process of a major fuel burning installation used in the iron and steel industry, so long as the average annual Btu heat content of the commingled stream as consumed within a major fuel burning installation does not exceed 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and 60 °F; (7) Mixtures of natural gas and synthetic gas derived from alternate fuels for which the person proposing to use the gas certifies to OFE that: (i) He owns, or is entitled to receive at the point of manufacture, synthetic gas derived from alternate fuels; (ii) He delivers, or arranges for the delivery of such synthetic gas to a pipeline which by transport or displacement is capable of delivering such synthetic gas, mixed with natural gas, to facilities owned by the user; (iii) The total annual Btu content of the synthetic gas delivered to a pipeline is equal to or greater than the total annual Btu content of the natural gas delivered to the facilities owned by the user, plus the approximate total annual Btu content of any natural gas consumed or lost in transportation; and (iv) All necessary permits, licenses, or approvals from appropriate Federal, State, and local agencies (including Indian tribes) have been obtained for construction and operation of the facilities for the manufacture of the synthetic gas involved, except that for purposes of the prohibition under section 201(2) of FUA against powerplants being constructed without the capability of using coal or another alternate fuel, only permits, licenses, and approvals for the construction of such synthetic gas facilities shall be required under this subparagraph, to be certified and documented; and (8) A mixture of natural gas and an alternate fuel when such mixture is deliberately created for purposes of (i) Complying with a prohibition order issued pursuant to section 301(c) of the Act, or (ii) Qualifying for a fuel mixtures exemption under the Act, provided such exemption is granted. NEPA et seq. New electric powerplant NGPA et seq. Nonboiler Notice of violation OBRA OFE Offset Order Person (1) Individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company; (2) Any State; or (3) Any Federal, State, or local agency or instrumentality (including any municipality) thereof. Petroleum (1) Petroleum products specifically designated as alternate fuels pursuant to these regulations; (2) Synthetic gas derived from crude oil; (3) Liquid petroleum gas; (4) Petroleum coke or waste gases from industrial operations; and (5) A liquid, solid, or gaseous waste by-product of refinery operations which is commercially unmarketable under the definition of “commercial unmarketability” in these rules. Note: For the purposes of this subparagraph, waste by-products do not include components (such as butane and propane) that can be extracted from the waste by-product by reasonable further processing of the waste by-product at the refinery, nor do they include final products that use the waste by-product as a blend stock at the refinery. Petition Powerplant Product or process requirements Primary energy source (1) Minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses. OFE has determined that, unless need for a greater amount is demonstrated, twenty-five (25) percent of the total annual Btu heat input of a unit shall be automatically excluded under this paragraph. (2) Minimum amounts of fuel required to alleviate or prevent: (i) Unanticipated equipment outages as defined in § 501.191 of these regulations; and (ii) Emergencies directly affecting the public health, safety, or welfare that would result from electric power outages as defined in § 501.191 of these regulations. Note: (1) Any fuel excluded under the provisions of paragraph (1) of this definition is in addition to any fuel authorized to be used in any order granting a fuel mixtures exemption under parts 503 and 504 of these rules. The exclusion of fuel under paragraph (1), together with the authority for such additive treatment, shall apply to any jurisdictional facility, regardless of whether or not it had received an order granting an exemption as of the date these rules are promulgated. (2) If an auxiliary unit to an electric powerplant consumes fuel only for the auxiliary functions of unit ignition, startup, testing, flame stabilization, and other control uses, its use of minimum amounts of natural gas or petroleum is not prohibited by FUA. The measurement of such minimum amounts of fuel is discussed in Associated Electric Cooperative, Prohibition order (1) An order issued pursuant to section 301(b) of the Act that prohibits a powerplant from burning natural gas or petroleum as its primary energy source; or (2) An order issued pursuant to section 301(c) of the Act that prohibits excessive use of natural gas or petroleum in mixtures burned by a powerplant as its primary energy source. Rated capacity Reconstruction (1) Except as provided in paragraph (2) of this definition, reconstruction shall be found to have taken place whenever the capital expenditures for refurbishment or modification of an electric powerplant on a cumulative basis for the current calendar year and preceding calendar year, are equal to or greater than fifty (50) percent of the capital costs of an equivalent replacement unit of the same capacity, capable of burning the same fuels. (2) Notwithstanding paragraph (1) of this definition, reconstruction shall not be found to have taken place whenever: (i) The capital expenditures for refurbishment or modification of an electric powerplant, on a cumulative basis for the current calendar year and preceding calendar year, are not greater than eighty (80) percent of the capital costs of an equivalent replacement unit of the same capacity, capable of burning the same fuels and the unit, as refurbished or modified, will not have a greater fuel consumption capability than the unit it replaces; (ii) The unit being refurbished or modified was destroyed, in whole or substantial part, in a plant accident and the unit, as refurbished or modified, will not have a greater fuel consumption capability than the unit it replaces; or (iii) Refurbishment or modification of the unit is undertaken primarily for the purpose of increasing fuel burning efficiency of the unit, and will not result in: (A) Increased remaining useful plant life, or (B) Increased total annual fuel consumption. Resource Conservation and Recovery Act of 1976 et seq. SIP Site limitation (1) Inaccessibility to alternate fuels; (2) Lack of transportation facilities for alternate fuels; (3) Lack of adequate land for facilities for the handling, use and storage of alternate fuels; (4) Lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of land for pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; and (5) Lack of an adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements. Solid Waste Disposal Act et seq., State regulatory authority Synthetic fuel Wetlands areas (Department of Energy Organization Act, Pub. L. 95-91, 42 U.S.C. 7101 et seq.; et seq. et seq. [46 FR 59884, Dec. 7, 1981, as amended at 47 FR 15313, 15314, Apr. 9, 1982; 47 FR 17041, Apr. 21, 1982; 47 FR 29210, July 6, 1982; 47 FR 34972, Aug. 12, 1982; 54 FR 52889, Dec. 22, 1989] § 500.3 Electric regions—electric region groupings for reliability measurements under the Powerplant and Industrial Fuel Use Act of 1978. (a) The following is a list of electric regions for use with regard to the Act. The regions are identified by FERC Power Supply Areas (PSA's) as authorized by section 202(a) of the Federal Power Act except where noted. They will be reviewed annually by ERA. Each grouping meets one or more of the following criteria: (1) Existing centrally dispatched pools and hourly power brokers; (2) Systems with joint planning and construction agreements; (3) Systems with coordination agreements in the areas of: (i) Generation reserve and system reliability criteria; (ii) Capacity and energy exchange policies; (iii) Maintenance scheduling; and (iv) Emergency procedures for dealing with capacity or fuel shortages; or (4) Systems within the same National Electric Reliability Council (NERC) region with historical coordination policies. (b) The PSA's referred to in the definition of electric regions in paragraph (a) of this section were first defined by the Federal Power Commission in 1936. The most recent reference to them is given in the 1970 National Power Survey, Electric Region Groupings and FERC PSA's: 1. Allegheny Power System (APS)—7, except Duquesne Light Company. 2. American Electric Power System (AEP)—entire AEP System. 3. New England Planning Pool (NEPOOL)—1, 2. 4. New York Planning Pool (NYPP)—3, 4. 5. Pennsylvania—New Jersey—Maryland interconnection (PJM)—5, 6. 6. Commonwealth Edison Company—14. 7. Florida Coordination Group (FCG)—24. 8. Middle South Utilities—25. 9. Southern Company—22, 23. 10. Gulf States Group—35. 11. Tennessee Valley Authority (TVA)—20. 12. Virginia—Carolina Group (VACAR)—18, 21. 13. Central Area Power Coordination Group (CAPCO)—Cleveland Electric Illuminating Company, Toledo Edison Company, Ohio Edison Company, Duquesne Light Company. 14. Cincinnati, Columbus, Dayton Group (CCD)—Cincinnati Gas and Electric Company, Columbus and Southern Ohio Electric Company, Dayton Power and Light Company. 15. Kentucky Group—19. 16. Indiana Group—Indiana Utilities except AEP. 17. Illinois—Missouri Group (ILLMO)—15, 40. 18. Michigan Electric Coordinated Systems (MECS)—11. 19. Wisconsin—Upper Michigan Group (WUMS)—13. 20. Mid-Continent Area Power Pool (MAAP)—16, 17, 26, 27, 28. 21. Missouri—Kansas Group (MOKAN)—24, 29. 22. Oklahoma Group—33, 36. 23. Texas Interconnected Systems (TIS)—37, 38. 24. Rocky Mountain Power Pool (RMPP)—31, 32. 25. Northwest Power Pool (NWPP)—30, 42, 43, 44, 45. 26. Arizona—New Mexico Group—39, 48 within Arizona. in Nevada and California. 27. Southern California—Nevada—47, 48. 28. Northern California—Nevada—46. 29. Alaska (non-interconnected systems to be considered separately)—49. 30. Idaho—Utah Group—41.