Article 1. General Provisions And Definitions of California Public Utilities Code >> Division 1. >> Part 2. >> Chapter 7. >> Article 1.
The Legislature hereby finds and declares that in order to
promote the more rapid development of new sources of natural gas and
electric energy, to maintain the economic vitality of the state
through the continuing production of goods and the employment of its
people, and to promote the efficient utilization and distribution of
energy, it is desirable and necessary to encourage private energy
producers to competitively develop independent sources of natural gas
and electric energy not otherwise available to California consumers
served by public utilities, to require the transmission by public
utilities of such energy for private energy producers under certain
conditions, and remove unnecessary barriers to energy transactions
involving private energy producers.
"Private energy producer" includes every person, corporation,
city, county, district, and public agency of the state generating or
producing electricity not generated from conventional sources or
natural gas for energy either directly or as a byproduct solely for
his or its own use or the use of his or its tenants; or generating or
producing electricity, or owning the means thereof, to or for any
electrical corporation, heat corporation, state agency, city, county,
district, or an association thereof, but not to or for the public
for any other purpose. Notwithstanding any other provision of law, a
private energy producer shall not be found to be a public utility
subject to the general jurisdiction of the commission solely because
of conducting any activity authorized by this chapter.
"Interconnection" means the facilities necessary to
physically connect the energy source of and the point of use by a
private energy producer with the existing transmission facilities of
a public utility, and shall include any necessary transformation,
compression or other facilities necessary to make such
"Transmission service" means the intrastate transfer of
electricity or natural gas by a public utility for any private energy
producer between the points of interconnection for use within this
state in the service area of the utility.
"Conventional power source" means power derived from nuclear
energy or the operation of a hydropower facility greater than 30
megawatts or the combustion of fossil fuels, unless cogeneration
technology, as defined in Section 25134 of the Public Resources Code,
is employed in the production of such power.
"Fossil fuel" means a mixture of hydrocarbons including coal,
petroleum, or natural gas, occurring in and extracted from
"Standby charge" means a charge by an electrical corporation
for providing standby generation, transmission, and distribution
facilities to a private energy producer employing other than a
conventional power source for the generation of electricity.