- advanced cybersecurity technology
means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 650 of title 6).
- advanced cybersecurity technology information
means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency.
- antitrust laws
has the meaning given in subsection (a) of the first sentence of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that such section relates to unfair methods of competition.
- applicable Commission rule
means a Commission rule applicable to sales at wholesale by public utilities that the Commission determines after notice and comment should also be applicable to entities subject to this subsection.
- automatic adjustment clause
means a provision of a rate schedule which provides for increases or decreases (or both), without prior hearing, in rates reflecting increases or decreases (or both) in costs incurred by an electric utility.
- bulk-power system
means— The term does not include facilities used in the local distribution of electric energy.
- cogeneration facility
means a facility which produces—
- commence
refers to the beginning of physical on-site activity other than surveys or testing.
- Commissioner
means the Federal Power Commission, and a member thereof, respectively;
- conduit
means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
- corporation
means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing.
- critical electric infrastructure
means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters.
- critical electric infrastructure information
means information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided to the Commission or other Federal agency, other than classified national security information, that is designated as critical electric infrastructure information by the Commission or the Secretary pursuant to subsection (d).
- cybersecurity incident
means a malicious act or suspicious event that disrupts, or was an attempt to disrupt, the operation of those programmable electronic devices and communication networks including hardware, software and data that are essential to the reliable operation of the bulk power system.
- defense critical electric infrastructure
means any electric infrastructure located in any of the 48 contiguous States or the District of Columbia that serves a facility designated by the Secretary pursuant to subsection (c), but is not owned or operated by the owner or operator of such facility.
- distribution utility
means an electric utility that has a service obligation to end-users or to a State utility or electric cooperative that, directly or indirectly, through one or more additional State utilities or electric cooperatives, provides electric service to end-users.
- electric cooperative
means a cooperatively owned electric utility.1
- electric utility
means a person or Federal or State agency (including an entity described in section 824(f) of this title) that sells electric energy.1
- electric utility or person
means an electric utility or person that—
- electromagnetic pulse
means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse.
- eligible solar, wind, waste or geothermal facility
means a facility which produces electric energy solely by the use, as a primary energy source, of solar energy, wind energy, waste resources or geothermal resources;
- ERCOT
means the Electric Reliability Council of Texas;
- existing qualifying cogeneration facility
means a facility that—
- facilities
means only facilities used for the generation or transmission of electric energy.
- facilities of such applicant
means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application.
- Federal authorization
means any authorization required under Federal law in order to site a transmission facility.
- Federal power marketing agency
means any agency or instrumentality of the United States (other than the Tennessee Valley Authority) which sells electric energy;
- geomagnetic storm
means a temporary disturbance of the Earth’s magnetic field resulting from solar activity.
- Government dam
means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others;
- grid security emergency
means the occurrence or imminent danger of—
- incremental cost of alternative electric energy
means, with respect to electric energy purchased from a qualifying cogenerator or qualifying small power producer, the cost to the electric utility of the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source.
- Interconnection
means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control.
- ISO
means an entity approved by the Commission—
- licensee
means any person, State, or municipality licensed under the provisions of section 797 of this title, and any assignee or successor in interest thereof;
- load-serving entity
means a distribution utility or an electric utility that has a service obligation.
- municipal purposes
means and includes all purposes within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality;
- municipality
means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power;
- navigable waters
means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;
- new dam or diversion
means a dam or diversion which requires, for purposes of installing any hydroelectric power project, any construction, or enlargement of any impoundment or diversion structure (other than repairs or reconstruction or the addition of flashboards or similar adjustable devices) 3
- person
means an individual or a corporation;
- primary energy source
means the fuel or fuels used for the generation of electric energy, except that such term does not include, as determined under rules prescribed by the Commission, in consultation with the Secretary of Energy—
- project
means complete unit of improvement or development, consisting of a power house, all water conduits, all dams and appurtenant works and structures (including navigation structures) which are a part of said unit, and all storage, diverting, or forebay reservoirs directly connected therewith, the primary line or lines transmitting power therefrom to the point of junction with the distribution system or with the interconnected primary transmission system, all miscellaneous structures used and useful in connection with said unit or any part thereof, and all water-rights, rights-of-way, ditches, dams, reservoirs, lands, or interest in lands the use and occupancy of which are necessary or appropriate in the maintenance and operation of such unit;
- project works
means the physical structures of a project;
- public lands
means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws.
- public utility
includes any company which is a part of a holding company system which includes a registered holding company, unless no company in such system is an electric utility.
- qualifying cogeneration facility
means a cogeneration facility that the Commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe;
- qualifying cogenerator
means the owner or operator of a qualifying cogeneration facility;
- qualifying conduit hydropower facility
means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria.
- qualifying criteria
means, with respect to a facility—
- qualifying facility
means a facility that is determined under this section to meet the qualifying criteria.
- qualifying nonpowered dam
means any dam, dike, embankment, or other barrier—
- qualifying project works
means project works—
- qualifying small power producer
means the owner or operator of a qualifying small power production facility;
- qualifying small power production facility
means a small power production facility that the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe;
- regional entity
means an entity having enforcement authority pursuant to subsection (e)(4).
- reliability standard
means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system.
- reliable operation
means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements.
- reservations
means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws;
- RTO
means an entity of sufficient regional scope approved by the Commission—
- Secretary
means the Secretary of Energy.
- security
means any note, stock, treasury stock, bond, debenture, or other evidence of interest in or indebtedness of a corporation subject to the provisions of this chapter;
- service obligation
means a requirement applicable to, or the exercise of authority granted to, an electric utility under Federal, State, or local law or under long-term contracts to provide electric service to end-users or to a distribution utility.
- short-term sale
means an agreement for the sale of electric energy at wholesale in interstate commerce that is for a period of 31 days or less (excluding monthly contracts subject to automatic renewal).
- small power production facility
means a facility which is an eligible solar, wind, waste, or geothermal facility, or a facility which—
- State
means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States;
- State commission
means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to consumers within the State or municipality;
- State regulatory authority
has the same meaning as the term “State commission”, except that in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority (as defined in section 2602 of this title), such term means the Tennessee Valley Authority;
- State utility
means a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or a corporation that is wholly owned, directly or indirectly, by any one or more of the foregoing, competent to carry on the business of developing, transmitting, utilizing, or distributing power.
- Transmission Organization
means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.
- transmitting utility
means an entity (including an entity described in section 824(f) of this title) that owns, operates, or controls facilities used for the transmission of electric energy—
- unregulated transmitting utility
means an entity that—
- wholesale transmission services
means the transmission of electric energy sold, or to be sold, at wholesale in interstate commerce.1