Section 1302 - Rules of Construction and Definitions(a) Rules of Construction. (1) Where the context requires, the singular includes the plural and the plural includes the singular.(2) The use of "and" in a conjunctive position means that all elements in the provision must be complied with, or must exist to make the provision applicable. Where compliance with one or more elements suffices, or where existence of one or more elements make the provision applicable, "or" (rather than "and/or") is used.(b) Definitions. In this Article, the following definitions apply unless the context clearly requires otherwise: (1) "Base gas" means the volume of gas needed to maintain adequate reservoir pressures and deliverability rates throughout the withdrawal season. Base gas usually is not withdrawn, and remains in the reservoir.(2) "California offshore lands" means all lands under California state jurisdiction pursuant to subdivision (a)(2) of 43 U.S.C. Section 1301.(3) "Cogenerator" means a power plant that produces (1) electricity; and (2) useful thermal output for industrial, commercial, heating, or cooling purposes.(4) "Community Choice Aggregator" or "CCA" has the meaning set forth in Public Utilities Code section 331.1.(5) "Company" means any person, firm, association, organization, partnership, business trust, corporation, or public entity, or any subsidiary, parent, affiliate, department, or agency thereof.(6) "Control area" means an electric system or systems, bounded by interconnection metering and telemetry, capable of controlling generation to maintain its interchange schedule with other Control Areas and contributing to frequency regulation of the Western Electricity Coordinating Council.(7) "Control Area Operator" means the entity responsible for the operation of a control area. Also referred to as a Balancing Authority.(8) "Core customer" means a natural gas customer that consumes less than 20,800 therms of natural gas per month.(9) "Customer" means an active billed account, of a UDC, an LSE, or a gas utility. (A) "Bundled customer" means an end-user who receives generation services from the same LSE from which it receives distribution services.(B) "Unbundled customer" means an end-user who receives generation services from one LSE and distribution services from a UDC that is a separate entity from that LSE.(10) "Customer Classification Code" means NAICS codes and the following codes: (A) RE0000 for residential service;(B) 925190 for streetlighting service;(C) 221311 for water supply service;(D) 221312 for irrigation system service; and(E) 999999 for unclassified service.(11) "Customer sector" means the following: (A) residential customer sector: private households, including single and multiple family dwellings, plus NAICS code 81411;(B) commercial building customer sector: NAICS codes 115, 2372, 326212, 42, 44-45, 48841, 493, 512, 516, 518, 519, 52-55, 561, 61, 62 (excluding 62191), 71, 72, 81 (excluding 81411), and 92 (excluding 92811);(C) other commercial customer sector: NAICS codes 221 (excluding 22131), 48 (excluding 48841), 49 (excluding 493), 515, 517, 562, 62191, and 92811;(D) industry customer sector: NAICS codes 11331, 31-33, 511, and 54171;(E) other industry customer sector: NAICS codes 21 and 23 (excluding 2372);(F) agriculture customer sector: NAICS codes 111, 112, 113 (excluding 11331), and 114;(G) water pumping customer sector: NAICS code 22131;(H) street lighting customer sector: lighting of streets, highways, other public thoroughfares, other outdoor area lighting, and traffic control lighting.(12) "Customer group" means the following: (A) residential: customers consuming electricity for residential purposes;(B) commercial: customers consuming electricity for commercial purposes;(C) industrial: customers consuming electricity for industrial purposes; and(D) other: customers consuming electricity for other purposes.(13) "Demand" means the rate at which electricity is delivered by generation, transmission, and distribution systems, measured in units of watts or standard multiples thereof, (e.g., 1,000 Watts = 1 kilowatt, 1000 kilowatt = 1 megawatt) or the rate at which natural gas, measured as million cubic feet per day, is consumed by the customer.(14) "Distribution service" means those services provided by a UDC when it constructs, maintains, and utilizes power lines and substations to transmit electrical energy within its distribution service area to end-users.(15) "Distribution service area" or "UDC service area" means the geographic area where a UDC distributes, or has distributed during an applicable reporting period, electricity to consumers.(16) "EIA" means the Energy Information Administration of the United States Department of Energy.(17) "Electric generator" means a machine that converts mechanical energy into electrical energy; or a device that converts non-mechanical energy to electricity directly, including without limitation photovoltaic solar cells and fuel cells.(18) "Electric Service Provider" or "ESP" has the meaning set forth in Public Utilities Code section 394.(19) "Electric transmission system owner" means an entity, or where there is more than one owner, the majority of plurality owners or the managing partner, that owns an interconnected group of lines and associated equipment for the movement or transfer of electric energy between points of supply and points at which it is transformed for delivery to customers or is delivered to other electric systems.(20) "Electric utility" means any company engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such company subject to regulation of the Public Utilities Commission.(21) "End user" means any company that consumes electricity or natural gas for its own use and not for resale.(22) "Energy storage system" means commercially available technology that is capable of absorbing energy, storing, and dispatching the energy.(23) "Executive Director" means the Executive Director of the Commission or their designee.(24) "Fuel cost" means the delivered cost of fuel consumed by an electric generator, expressed in dollars.(25) "Fuel use" means the amount of fuel, expressed in both physical units such as cubic foot, barrel, or ton, and in heat content such as Btus, used for gross generation, or for any other purpose related to the operation of an electric generator including without limitation providing spinning reserve, start-up, or flame stabilization.(26) "Gas processor" means any company that extracts, in California, natural gas liquids from natural gas produced from California reservoirs.(27) "Gas retailer" means any company that (a) sells natural gas to end users or customers located in California, (b) produces and consumes natural gas on-site in California (except for gas consumed for gathering, processing, or compressing purposes), or (c) produces natural gas at one site and consumes natural gas at another site that is in California and that is owned or controlled by the company.(28) "Gas service area" means the geographic area where a gas utility distributes, or has distributed during an applicable reporting period, natural gas to customers.(29) "Gas utility" means any company that is (a) engaged in, or authorized to engage in, distributing or transporting natural gas or natural gas liquids, and that is (b) either owned or operated by a governmental public entity or regulated by the California Public Utilities Commission.(30) "Generation service" means those services provided by an LSE when it procures electrical energy for consumption by its end-user customers.(31) "Gross generation" means the total amount of electricity produced by an electric generator.(32) "Hourly demand" means demand integrated over a single clock hour, measured in megawatt hours.(33) "Hourly load" means the chronological sequence of hourly demands for a specified subset of, or for all customers of, an LSE for a specified interval of time.(34) "Hourly sector load" means the hourly load of customer sectors measured at customer meters. Hourly sector data does not include losses.(35) "Hourly system load" means the hourly load of a UDC or a control area, measured at power plants and at interconnections. Hourly system load includes losses.(36) "Hub height" means the height above ground surface (in meters) of the center of the wind turbine hub.(37) "Injections" means the volume of gas injected into the underground gas storage project each day.(38) "Interchange" means electric power or energy that flows from one control area to another control area.(39) "Interstate pipeline" means any pipeline that crosses a state border and that is under the regulatory authority of the Federal Energy Regulatory Commission or its successors.(40) "Interstate pipeline company" means a company that owns or operates an interstate pipeline that delivers natural gas to California at the state's border or inside California's borders.(41) "Interval meter" means any energy meter capable of collecting and transmitting demand data at intervals of an hour or less.(42) "Interval meter data" means demand data collected and transmitted by interval meter.(43) "Load-serving entity" or "LSE" means any company that (a) sells or provides electricity to end users located in California, or (b) generates electricity at one site and consumes electricity at another site that is in California and that is owned or controlled by the company. LSE does not include the owner or operator of a cogenerator.(44) "Local publicly-owned electric utility" or "local publicly owned electric utility" has the same definition as provided in Public Utilities Code section 224.3.(45) "Losses" means electricity that is lost, primarily as waste heat, as a natural part of the process of transmitting electricity from power plants to end-users.(46) "Major customer sector" means the following:(A) "residential major customer sector," which means residential customer sector;(B) "commercial major customer sector," which means commercial building customer sector;(C) "industrial major customer sector", which means the sum of industry customer sector, and other industry customer sector; and(D) "other major customer sector", which means the sum of agriculture customer sector, other commercial customer sector, street lighting customer sector, and water pumping customer sector.(47) "Meter identification number" means the unique number assigned by a utility to an individual meter for purposes of tracking demand and providing billing services.(48) "Monthly system peak demand" means the highest system hourly demand in a calendar month.(49) "Nameplate capacity" means the full-load continuous rating of an electric generator or a power plant under specific conditions as designated by the manufacturer.(50) "Natural gas liquids" means liquid products that are produced at natural gas processing facilities and that are gaseous at reservoir temperatures and pressures but are recoverable by condensation or absorption.(51) "Natural gas sales" means the amount of natural gas sold by a Gas Retailer to a customer.(52) "Net generation" means gross generation less plant use by an electric generator for auxiliary equipment.(53) "Noncore customer" means a natural gas customer that is not a core customer.(54) "North American Industry Classification System" or "NAICS" means the system of classification for business establishments set forth in the most recent version of the North American Industry Classification System United States Manual (Executive Office of the President, Office of Management and Budget, Washington, D.C.), and as revised thereafter in the Federal Register.(55) "NAICS Code" means the applicable 6-digit (unless otherwise specified) code in the NAICS for the entity being classified.(56) "Outer continental shelf" means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in 43 U.S.C. Section 1301, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.(57) "Peak demand" means the highest integrated net energy for load within a certain period (e.g., in a month, a season, or a year). (A) For a UDC, peak demand is the sum of all net energy for load, within a specific operating hour, for all LSEs providing generation services within a UDC's service area.(B) For each LSE, peak demand is the sum of all net energy for load, including assignable losses, within a specific operating hour for the specific customers to which the LSE provides generation services.(C) "Net energy for load" means generation energy injected into a specific electrical system, plus energy received from other systems less energy delivered to other systems through interchange. It includes losses, but excludes energy required to operate storage facilities or plant use by a generator.(58) "Person" means an individual human being.(59) "Plant use" means the electricity used in the operation of an electric generator, or the electricity used for pumping at pumped storage power plants. Plant use is also known as station use.(60) "Power plant" means a plant located in California or a California control area that contains one or more prime movers, or one or more electric generators, and appropriate auxiliary equipment.(61) "Power plant owner" means any company that owns a power plant, or, where there is more than one owner, the majority or plurality owner or the managing partner.(62) "Premise identification number" means the unique identification number assigned by a utility to a collection of buildings and/or meters serving an individual customer at a contiguous location.(63) "Prime mover" means the engine, gas turbine, steam turbine, water wheel, or other machine that produces the mechanical energy that drives an electric generator; or a device that converts non-mechanical energy to electricity directly, including without limitation photovoltaic solar cells and fuel cells.(64) "PV" means flat-plate non-concentrating photovoltaic modules.(65) "Rate schedule" means the alphanumeric designation for the utility service customer agreement including all service rates and charges and all classifications, practices, rules, or regulations which in any manner affect or relate to the utility services, rates, and charges.(66) "Rated wind speed" means the wind speed in meters per second (m/s) that applies to the rating of the nameplate capacity.(67) "Rotor area" means the rotor swept area in square meters for each turbine model.(68) "Secure electronic method" means any method of data transmission that uses end-to-end encryption such that information is encrypted at its origin and decrypted at its intended destination without intermediate decryption.(69) "Service account number" means the unique identification number assigned by a utility to an account to track demand and provide billing services.(70) "Stocks" means quantities of oil, natural gas, or natural gas liquids representing actual measured inventories corrected to 60 degrees Fahrenheit less basic sediment and water where an actual physical measurement is possible. Stocks include domestic and foreign quantities held at facility and in transit thereto, except those in transit by a pipeline.(71) "Submitted" means, with regard to data, a report, or an application that must be submitted by a specified date, that the data is received at the Commission by that date and that the data, report, or application is complete, accurate, and in compliance with the applicable requirements of this Article and with the forms and instructions specified under Section 1303 and 1342.(72) "Therm" means a unit of heat equal to 100,000 British thermal units (1.054 x 108 joules).(73) "Tolling Agreement" means a contractual arrangement whereby the buyer of electricity agrees to provide specified amounts of natural gas to a power plant for conversion to specified amounts of electric energy over a specified period of time.(74) "Underground gas storage project" means a project for the injection and withdrawal of natural gas into an underground reservoir for the purpose of storage. An underground gas storage project includes the reservoir used for storage, the confining strata, gas storage wells, observation wells, and any other wells approved for use in the project. An underground gas storage project also includes the wellheads and, to the extent that they are subject to regulation by the Division of Geologic Energy Management, attendant facilities, and other appurtenances.(75) "Useful thermal output" means the thermal energy made available in a cogeneration system for use in any industrial or commercial process, heating or cooling application, or delivered to other end users, i.e., total thermal energy made available for processes and applications other than electrical generation.(76) "Utility distribution company" or "UDC" means an electric utility, or a business unit of an electric utility, that distributes electricity to customers.(77) "Waste heat" means the thermal energy produced during electrical generation but not utilized for a useful purpose as defined in "useful thermal output," i.e., the total heat content of the fuel used to generate electricity minus the energy content of the useful thermal output and electricity production.(78) "Wind turbine" means an electric generator driven by wind power.(79) "Wind turbine group" means a group of wind turbines within one wind power plant of the same manufacturer, model, rotor area, hub height, and capacity.(80) "Withdrawals" means the volume of gas withdrawn from the underground gas storage project each day.(81) "Working gas" means the volume of daily natural gas in an underground gas storage project available to be withdrawn, not including base gas.(82) "Working gas capacity" means the total storage capacity of the underground gas storage project minus base gas.Cal. Code Regs. Tit. 20, § 1302
1. Repealer filed 1-23-84; effective thirtieth day thereafter (Register 84, No. 4).
2. Renumbering of former section 1303 to section 1302, including amendment of section heading, section and NOTE filed 2-23-2001; operative 2-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 8).
3. Amendment filed 6-3-2002; operative 6-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 23).
4. Amendment of subsection (b), new subsections (b)(1)-(56) and amendment of NOTE filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
5. Amendment of subsection (b)(2), new subsections (b)((18), (b)(35)-(36) and (b)(41), subsection renumbering, amendment of newly designated subsections (b)(48) and (b)(51), new subsections (b)(56), (b)(58)-(61), (b)(64), (b)(66) and (b)(68), subsection renumbering and amendment of NOTE filed 5-29-2018; operative 7-1-2019 (Register 2018, No. 22).
6. New subsections (b)(1), (b)(4), (b)(7), (b)(18), (b)(36)-(37), (b)(66)-(67), (b)(74) and (b)(78)-(82), subsection renumbering and amendment of newly designated subsections (b)(44) and (b)(59)-(60) filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53).
7. Change without regulatory effect amending subsection (b)(23) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34). Note: Authority cited: Sections 25213, 25218(e) and 25320, Public Resources Code. Reference: Sections 25005.5, 25100- 25141, 25216, 25216.5, 25300, 25301, 25302, 25302.5, 25303, 25305, 25305.1, 25310, 25324, 25330 et seq., 25401, 25401.2, 25403, 25403.5 and 25602, Public Resources Code; and Sections 9615 and 9620, Public Utilities Code.
1. Repealer filed 1-23-84; effective thirtieth day thereafter (Register 84, No. 4).
2. Renumbering of former section 1303 to section 1302, including amendment of section heading, section and Note filed 2-23-2001; operative 2-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 8).
3. Amendment filed 6-3-2002; operative 6-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 23).
4. Amendment of subsection (b), new subsections (b)(1)-(56) and amendment of Note filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
5. Amendment of subsection (b)(2), new subsections (b)((18), (b)(35)-(36) and (b)(41), subsection renumbering, amendment of newly designated subsections (b)(48) and (b)(51), new subsections (b)(56), (b)(58)-(61), (b)(64), (b)(66) and (b)(68), subsection renumbering and amendment of Note filed 5-29-2018; operative 7/1/2018 (Register 2018, No. 22).
6. New subsections (b)(1), (b)(4), (b)(7), (b)(18), (b)(36)-(37), (b)(66)-(67), (b)(74) and (b)(78)-(82), subsection renumbering and amendment of newly designated subsections (b)(44) and (b)(59)-(60) filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53).
7. Change without regulatory effect amending subsection (b)(23) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).