KRS 278.700: Definitions for KRS 278.700 to 278.716.

As used in KRS 278.700 to 278.716, unless the context requires otherwise:

(1) "Board" means the Kentucky State Board on Electric Generation and Transmission

Siting created in KRS 278.702;

(2) "Merchant electric generating facility" means, except for a qual ifying facility as

defined in subsection (7) of this section, an electricity generating facility or facilities

that, together with all associated structures and facilities:

(a) Are capable of operating at an aggregate capacity of ten megawatts (10MW)

or more; and

(b) Sell the electricity they produce in the wholesale market, at rates and charges

not regulated by the Public Service Commission;

(3) "Person" means any individual, corporation, public corporation, political

subdivision, governmental agency, muni cipality, partnership, cooperative

association, trust, estate, two (2) or more persons having a joint or common interest,

or any other entity, and no portion of KRS 224.10 -280, 278.212, 278.214, 278.216,

278.218, and 278.700 to 278.716 shall apply to a uti lity owned by a municipality

unless the utility is a merchant plant as defined in this section;

(4) "Commence to construct" means physical on -site placement, assembly, or

installation of materials or equipment which will make up part of the ultimate

structure of the facility. In order to qualify, these activities must take place at the

site of the proposed facility or must be site -specific. Activities such as site clearing

and excavation work will not satisfy the commence to construct requirements;

(5) "Nonregulated electric transmission line" means an electric transmission line and

related appurtenances for which no certificate of public convenience and necessity

is required; which is not operated as an activity regulated by the Public Service

Commission; a nd which is capable of operating at or above sixty -nine thousand

(69,000) volts;

(6) "Residential neighborhood" means a populated area of five (5) or more acres

containing at least one (1) residential structure per acre;

(7) "Qualifying facility" means a c ogeneration facility as defined in 16 U.S.C. sec.

796(18)(b) which does not exceed a capacity of one hundred fifty megawatts

(150MW) that is located on site at a manufacturer's plant and that uses steam from

the cogeneration facility in its manufacturing process, or an industrial energy facility

as defined in KRS 224.1 -010 that does not generate more than one hundred fifty

megawatts (150MW) for sale and has received all local planning and zoning

approvals; and

(8) "Carbon dioxide transmission pipeline" mean s the in -state portion of a pipeline,

including appurtenant facilities, property rights, and easements, that is used

exclusively for the purpose of transporting carbon dioxide to a point of sale, storage,

or other carbon management applications.