N.J. Admin. Code § 14:4-1.2
The following words and terms, when used in this chapter or in N.J.A.C. 14:8, Renewable Energy and Energy Efficiency, shall have the following meanings unless the context clearly indicates otherwise. Additional definitions that apply to this chapter can be found at N.J.A.C. 14:3-1.1.
"Advertising" means the activity of attracting public attention to a product, service, or business, etc., as through announcements in print, radio, television, telemarketing, electronically, internet, etc.
"Aggregator" means a government aggregator or a private aggregator, as those terms are defined herein.
"Basic gas supply service" or "BGSS" means gas supply service that is provided to any customer that has not chosen an alternative gas supplier, whether or not the customer has received offers as to competitive supply options; including, but not limited to, any customer that cannot obtain such service from a gas supplier for any reason, including non-payment for services. Basic gas supply service is not a competitive service and shall be fully regulated by the Board.
"Basic generation service" or "BGS" means electric generation service that is provided to any customer that has not chosen an electric power supplier, as defined herein, whether or not the customer has received offers for competitive supply options; including, but not limited to, any customer that cannot obtain such service from an electric power supplier for any reason, including non-payment for services. Basic generation service is not a competitive service and shall be fully regulated by the Board.
"Board" means the New Jersey Board of Public Utilities.
"Broker" means a duly licensed electric power supplier that assumes the contractual and legal responsibility for the sale of electric generation service, transmission or other services to retail customers, but does not take title to any of the power sold, or a duly licensed gas supplier that assumes the contractual and legal obligations to provide gas supply service to retail customers, but does not take title to the gas.
"Btu" means British thermal unit, a standard unit of energy. One Btu is equal to the amount of heat required to raise the temperature of one pound of liquid water by one degree Fahrenheit at its maximum density, which occurs at a temperature of 39.1 degrees Fahrenheit.
"Customer" means the person identified in the account records of a regulated entity as the person responsible for payment of the bill for utility service or another regulated service. A customer may or may not be an end user, as defined in this section.
"Customer information" means information specific to a particular customer, which a regulated entity has acquired or developed in the course of providing services as authorized under this chapter. This term includes, but is not limited to, a customer's name, address, telephone number, usage habits or history, peak demand and payment history.
"EDECA" means the Electric Discount and Energy Competition Act, 48:3-49 et seq.
"Electric distribution company" or "EDC" means an electric public utility, as defined herein. An EDC cannot be an electric power supplier, but may provide basic generation service.
"Electric distribution system" means that portion of an electric system, which delivers electricity from transformation points on the transmission system to points of connection at a customer's premises.
"Electric generation service" means the provision of retail electric energy and capacity which is generated off-site from the location at which the consumption of such electric energy and capacity is metered for retail billing purposes, including agreements and arrangements related thereto.
"Electric power supplier" means a person that is licensed by the Board to offer, and to assume the contractual and legal responsibility to provide, electric generation service for use by retail customers. This term includes, but is not limited to, load serving entities, marketers and brokers that offer or provide electric generation service for use by retail customers. An electric power supplier generates electricity or buys electric generation, and sells it to others for use by retail customers. An electric public utility that provides electric generation service only for the purpose of providing basic generation service is not an electric power supplier.
"Electric public utility" means a public utility, as that term is defined in 48:2-13, that transmits and distributes electricity to end users in New Jersey.
"Electric related service" means a service that is directly related to the consumption of electricity by an end user, including, but not limited to, the installation of demand side management measures at the end user's premises; the maintenance, repair or replacement of appliances, lighting, motors or other energy-consuming devices at the end user's premises; the provision of energy consumption management, analysis, and information management; and billing and bill payment services, as authorized by the Board.
"End user" means a person who receives or consumes electricity, gas, telephone, water or wastewater service. An end user may or may not be a customer, as defined herein.
"Energy agent" means a person that is registered with the Board pursuant to N.J.A.C. 14:4-5, and is thereby authorized to arrange the retail sale of electricity, electric related services, gas supply or gas related services between government or private aggregators and electric or gas power suppliers, but does not take title to the electric or gas sold.
"Energy aggregator" means a government aggregator and/or a private aggregator, as these terms are defined in this section.
"Energy consultant" means an energy agent that is registered with the Board pursuant to 14:4-5.1 1, and is thereby authorized to receive certain customer information from an LDC through electronic data interchange (EDI).
"FERC" means the Federal Energy Regulatory Commission or any successor agency.
"Gas public utility" means a public utility, as that term is defined in 48:2-13, that distributes gas to end users in New Jersey.
"Gas related service" means a service that is directly related to the consumption of gas by an end user, including, but not limited to, the installation of demand side management measures at the end user's premises; the maintenance, repair or replacement of appliances or other energy-consuming devices at the end user's premises, and the provision of energy consumption management, analysis, and information management; and billing and bill payment services, as authorized by the Board.
"Gas supplier" means a person that is licensed by the Board under EDECA to offer or provide gas supply service to retail customers. This term includes, but is not limited to, marketers and brokers, as defined herein. A non-public utility affiliate of a public utility holding company may be a gas supplier, but a gas public utility or its subsidiary is not a gas supplier. If a gas public utility is not part of a holding company legal structure, a related competitive business segment of that gas public utility may be a gas supplier, provided that related competitive business segment is structurally separated from the gas public utility, and provided that the interactions between the gas public utility and the related competitive business segment are subject to the affiliate relations standards at N.J.A.C. 14:4-3.
"Gas supply service" means the provision to customers of the retail commodity of gas, but does not include any regulated distribution service.
"Government aggregator" means an entity that meets both of the following criteria:
1. The entity is subject to the Local Public Contracts Law, 40A:11-1 et seq.; the Public School Contracts Law, 18A:18A-1 et seq.; or the County College Contracts Law, 18A:64A-25.1 et seq.; or is the New Jersey School Boards Association; and
2. The entity enters into a contract with another government aggregator or with a TPS, as those terms are defined herein, to purchase electric generation service, electric related service, gas supply service, and/or gas related service for one or more of the following purposes:
i. For the government aggregator's own use;
ii. For the use of other government aggregators; and/or
iii. If the government aggregator is a municipality or county, for use by residential or non-residential customers, as defined herein, within its geographic boundaries.
A government aggregator does not take title to the energy involved in the aggregation program.
"kW" means kilowatts, a unit of power representing 1,000 watts. A kW equals 1/1000 of a MW, as defined herein.
"kWh" means kilowatt-hours, or 1,000 watt-hours.
"LDC" or "local distribution company" means an electric public utility or a gas public utility, as those terms are defined herein.
"Marketer" means a duly licensed electric power supplier that takes title to electric energy and capacity, transmission and other services from electric power generators and other wholesale suppliers and then assumes the contractual and legal obligation to provide electric generation service, and/or transmission or other services, to a retail customer or customers, or a duly licensed gas supplier that takes title to gas and then assumes the contractual and legal obligation to provide gas supply service to a customer or customers.
"Marketing" means a direct solicitation by a TPS to an individual customer for the purpose of persuading a customer to enter into an agreement for the purchase of electric generation service, gas supply service, electric related service and/or gas related service. This term includes direct mailings, telemarketing, internet websites, and in-person solicitation. Advertising is distinguished from marketing by the fact that advertising targets the general public or a group of persons, whereas marketing targets an individual potential customer.
"MW" means megawatts, a unit of power representing 1,000,000 watts. A megawatt equals 1,000 kW.
"Optional service" means an electric related service or a gas related service, as those terms are defined in this section.
"Person" means an individual, firm, joint venture, partnership, copartnership, corporation, association, State, county, municipality, public agency or authority, bi-state or interstate agency or authority, public utility, regulated entity, cable television company, cooperation association, or joint stock association, trust, limited liability company, governmental entity, or other legal entity, and includes any trustee, receiver, assignee, or personal representative thereof.
"PJM Interconnection, L.L.C." or "PJM" means the regional transmission organization (RTO) that coordinates the movement of wholesale electricity in the PJM region, as defined in this section. Additional information regarding PJM and its subsidiaries can be found at http://www.pjm-eis.com/index.html.
"PJM Environmental Information Services" or "PJM-EIS," means the wholly-owned subsidiary of PJM Technologies, Inc., which is in turn a wholly owned subsidiary of PJM Interconnection, L.L.C. PJM Environmental Information Services provides environmental and emissions attributes reporting and tracking services to its subscribers in support of renewable portfolio standards and other information disclosure requirements that may be implemented by government agencies.
"PJM region" means the area within which the movement of wholesale electricity is coordinated by PJM Interconnection, as defined in this section. The PJM region is described in the Amended and Restated Operating Agreement of PJM Interconnection, which is incorporated herein by reference, as amended and supplemented. The Operating Agreement can be obtained on the PJM Interconnection website at www.pjm.com, or by writing to PJM Interconnection, Legal Department, 955 Jefferson Avenue, Norristown, PA, 19403.
"Private aggregator" means a non-government business or non-profit organization authorized to operate in New Jersey, that combines the energy loads of multiple end users, and enters into a contract with an electric power supplier for the purchase of electric generation service or with a gas supplier for gas supply service on behalf of those end users. A private aggregator does not take title to the energy involved in the transaction.
"Rate Counsel" means the Division of Rate Counsel, which is located in, but not of, the New Jersey Department of the Treasury pursuant to N.J.S.A. 52:27EE-54, or any successor agency.
"Ratepayer Advocate" or "RPA" means the Division of Ratepayer Advocate in the Department of the Public Advocate or any successor agency.
"Regulated entity" has the same meaning as is assigned to this term at 14:3-1.1.
"Retail" means the sale of energy to, or the purchase of energy by, one or more end users, regardless of whether the delivery of the energy will be through infrastructure owned or operated by the seller.
"Retail competition" means both of the following:
1. The ability of retail customers to purchase electric generation service from an electric power supplier, or to choose basic generation service; and
2. The ability of any electric power supplier, upon meeting basic licensing requirements, to offer electric generation service to retail customers.
"Retail customer" means a customer, as defined in this section, that purchases energy for its own use, or for use by other end users whose relationship with the customer is not an arms-length energy purchase transaction. This term includes government or private aggregator, as well as its customers.
"Slamming" means switching a customer from one TPS or LDC (for electric generation service or gas supply service) to another TPS, without obtaining authorization from the customer in accordance with this subchapter.
"Third party supplier" or "TPS" means an electric power supplier or a gas supplier as those terms are defined in this section.
"Therm" means 100,000 Btus.
"Wholesale customer" means a customer, as defined herein, that is not a retail customer, as defined herein.
N.J. Admin. Code § 14:4-1.2
See: 40 N.J.R. 3751(a).
In definition "Electric distribution system", deleted the last sentence.
Amended by R.2009 d.91, effective 3/16/2009.
See: 40 N.J.R. 3586(a), 41 N.J.R. 1261(a).
In definition "Electric distribution system", inserted a comma preceding "which"; and incorporated the special amendment previously adopted as R.2008 d.175.
Public Notice.
See: 41 N.J.R. 1532(b).
Amended by R.2012 d.091, effective 5/7/2012.
See: 43 N.J.R. 1150(a), 44 N.J.R. 1534(a).
Deleted definition "Act"; in definition "Electric power supplier", deleted the fourth sentence, and in the last sentence, substituted "An" for "However, an"; added definitions "Energy aggregator" and "Rate Counsel"; and in definition "Private aggregator", inserted "or with a gas supplier for gas supply service".