Section 218.5 Of Chapter 1. General Provisions And Definitions From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 1.
218.5
. (a) The following terms have the following meanings:
(1) "Exempt wholesale generator" has the same meaning as defined
in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec.
16451(6)).
(2) "Qualifying small power producer," "small power production
facility," and "qualifying small power production facility" have the
same meanings as found in Section 796 of Title 16 of the United
States Code and the regulations enacted pursuant thereto.
(b) Notwithstanding any other provision of law, a qualifying small
power producer owning or operating a small power production facility
is not a public utility subject to the general jurisdiction of the
commission solely because of the ownership or operation of the
facility.
(c) Notwithstanding any other provision of law, an exempt
wholesale generator is not a public utility subject to the general
jurisdiction of the commission solely due to the ownership or
operation of the facility.