{"data":{"id":"us-ky/krs-278.700","jurisdiction":"us-ky","citation":"KRS 278.700","heading":"Definitions for KRS 278.700 to 278.716.","body":"As used in KRS 278.700 to 278.716, unless the context requires otherwise:\n(1) \"Board\" means the Kentucky State Board on Electric Generation and Transmission\nSiting created in KRS 278.702;\n(2) \"Merchant electric generating facility\" means, except for a qual ifying facility as\ndefined in subsection (7) of this section, an electricity generating facility or facilities\nthat, together with all associated structures and facilities:\n(a) Are capable of operating at an aggregate capacity of ten megawatts (10MW)\nor more; and\n(b) Sell the electricity they produce in the wholesale market, at rates and charges\nnot regulated by the Public Service Commission;\n(3) \"Person\" means any individual, corporation, public corporation, political\nsubdivision, governmental agency, muni cipality, partnership, cooperative\nassociation, trust, estate, two (2) or more persons having a joint or common interest,\nor any other entity, and no portion of KRS 224.10 -280, 278.212, 278.214, 278.216,\n278.218, and 278.700 to 278.716 shall apply to a uti lity owned by a municipality\nunless the utility is a merchant plant as defined in this section;\n(4) \"Commence to construct\" means physical on -site placement, assembly, or\ninstallation of materials or equipment which will make up part of the ultimate\nstructure of the facility. In order to qualify, these activities must take place at the\nsite of the proposed facility or must be site -specific. Activities such as site clearing\nand excavation work will not satisfy the commence to construct requirements;\n(5) \"Nonregulated electric transmission line\" means an electric transmission line and\nrelated appurtenances for which no certificate of public convenience and necessity\nis required; which is not operated as an activity regulated by the Public Service\nCommission; a nd which is capable of operating at or above sixty -nine thousand\n(69,000) volts;\n(6) \"Residential neighborhood\" means a populated area of five (5) or more acres\ncontaining at least one (1) residential structure per acre;\n(7) \"Qualifying facility\" means a c ogeneration facility as defined in 16 U.S.C. sec.\n796(18)(b) which does not exceed a capacity of one hundred fifty megawatts\n(150MW) that is located on site at a manufacturer's plant and that uses steam from\nthe cogeneration facility in its manufacturing process, or an industrial energy facility\nas defined in KRS 224.1 -010 that does not generate more than one hundred fifty\nmegawatts (150MW) for sale and has received all local planning and zoning\napprovals; and\n(8) \"Carbon dioxide transmission pipeline\" mean s the in -state portion of a pipeline,\nincluding appurtenant facilities, property rights, and easements, that is used\nexclusively for the purpose of transporting carbon dioxide to a point of sale, storage,\nor other carbon management applications.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42952","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:31Z","sha256":"4e5aa10cafb0fde6b1f8f87bf99723f9685c7ff0134104a310558a7f284312f7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.696","next":"us-ky/krs-278.702"},"notice":"GroundRules: Original legal text. Not legal advice."}