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42 U.S. Code § 8302. Definitions
(a) GenerallyUnless otherwise expressly provided, for the purposes of this chapter—
(1)
The term “Secretary” means the Secretary of Energy.
(2)
The term “person” means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof.
(3)
(A) Except as provided in subparagraph (B), the term “natural gas” means any fuel consisting in whole or in part of—
(i)
natural gas;
(ii)
liquid petroleum gas;
(iii)
synthetic gas derived from petroleum or natural gas liquids; or
(iv)
any mixture of natural gas and synthetic gas.
(B) The term “natural gas” does not include—
(i)
natural gas which is commercially unmarketable (either by reason of quality or quantity), as determined under rules prescribed by the Secretary;
(ii)
natural gas produced by the user from a well the maximum efficient production rate of which is less than 250 million Btu’s per day;
(iii)
natural gas to the extent the exclusion of such gas is provided for in subsection (b); or
(iv)
synthetic gas, derived from coal or other alternate fuel, the heat content of which is less than 600 Btu’s per cubic foot at 14.73 pounds per square inch (absolute) and 60 degrees Fahrenheit.
(4) The term “petroleum” means crude oil and products derived from crude oil, other than—
(A)
synthetic gas derived from crude oil;
(B)
liquid petroleum gas;
(C)
liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or
(D)
petroleum coke or waste gases from industrial operations.
(5)
The term “coal” means anthracite and bituminous coal, lignite, and any fuel derivative thereof.
(6) The term “alternate fuel” means electricity or any fuel, other than natural gas or petroleum, and includes—
(A)
petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources;
(B)
liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; and
(C)
waste gases from industrial operations.
(7)
(A) The terms “electric powerplant” and “powerplant” mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which produces electric power for purposes of sale or exchange and—
(i)
has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or
(ii)
is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater.
(B) For purposes of subparagraph (A), the term “electric generating unit” does not include—
(i)
any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and
(ii)
any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for resale, as determined by the Secretary.
(C)
For purposes of clause (ii) of subparagraph (A), there shall be excluded any unit which has a design capability to consume any fuel (including any mixture thereof) that does not equal or exceed 100 million Btu’s per hour and the exclusion of which for purposes of such clause is determined by the Secretary, by rule, to be appropriate.